Day 073 - 13 Jan 95 - Page 20
1 while he does it -- a statement which I have said I do not
2 challenge in its factual and expert details. I have made
3 it clear why I do not challenge it.
4
5 MR. JUSTICE BELL: Let us take stock at the moment. When
6 Mr. Rampton called Mr. Mallinson he asked him to aver his
7 statement in its revised form as part of his
8 evidence-in-chief. That was, effectively, that, because he
9 asked him very little, if any, other questions.
10
11 That was extended, I think, on the morning of the second
12 day when -- I think that was the 28th November -- on the
13 30th November because in between we had an argument on an
14 amendment. That was extended by Mr. Mallinson referring to
15 an addendum which was about three pages long, part of which
16 came from Mr. Thomson -- I think that was his name -- and
17 we had an argument about admissibility on that, or a
18 discussion, and part of which were conclusions which he had
19 drawn.
20
21 During your cross-examination I took him through various
22 parts of those statements so that I could understand his
23 arithmetic and calculations and the reasoning behind it.
24 So, I suppose that might be treated as elaboration of his
25 evidence-in-chief, although most of the questions came from
26 me. You have done the same, in effect, by having
27 Mr. Hopkins aver his statements. In so far as
28 Mr. Mallinson averred his statement, McDonald's moved a
29 pawn forward on the board.
30
31 MR. MORRIS: We have moved another pawn.
32
33 MR. JUSTICE BELL: Now you have moved your pawn forward on the
34 board. What you really have to think is once that has
35 happened, what do you really have to concentrate on ----
36
37 MR. MORRIS: I understand.
38
39 MR. JUSTICE BELL: -- which goes to an issue in the case. The
40 references I have got to McDonald's -- there may be more --
41 paragraph 2.11.5 -- perhaps you would write them down?
42
43 MR. MORRIS: I did note them.
44
45 MR. JUSTICE BELL: Write them down on a bit of paper anyway.
46 2.11.7, 2.11.8 and 3.5.4, although, in fact, it comes after
47 -- the numbering may have gone a bit wrong, but that does
48 not matter.
49
50 MR. MORRIS: Page 12.
51
52 MR. JUSTICE BELL: 3.5.4 on page 12. There are then the
53 following references -- again, there may be other similar
54 ones of similar effect, but here are some which I have
55 selected: 6.10.2 on page 23; "Paper products sourced from
56 Scottish forests thus have an adverse effect on the
57 environment".
58
59 In so far as you may be able to argue, without pointing at
60 any particular part of any particular forest, that on
