Day 056 - 28 Nov 94 - Page 48
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2 MR. MORRIS: Yes, I will try to do that. If we go back to page
3 3 of your statement -----
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5 MR. JUSTICE BELL: At some stage it would help me if where there
6 is an actual issue, if there is one, on areas; it is not
7 just the square miles of forests which is required to
8 sustain McDonald's packaging without loss year after year
9 after year. I think if there is a challenge to the 1.42
10 square miles or whatever, you should deal with that as
11 well, because if there is a question of interpretation of
12 the leaflet as well and whether that, for instance, might
13 be interpreted by the ordinary reader as meaning that you
14 have actually to cut down 800 square miles of forest each
15 year to supply McDonald's, because that matter of
16 construction is open is open for argument.
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18 MR. MORRIS: Yes, I did not think Mr. Mallinson was the most
19 suitable person to deal with those figures.
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21 MR. JUSTICE BELL: No, he is not. I do not want him to deal
22 with questions of construction of the leaflet, that is for
23 me, but he has done a calculation in his statement and if
24 you say the calculation is wrong for this reason or that
25 reason, then I would like you to challenge it.
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27 MR. MORRIS: Yes. The problem is he has been given figures by
28 McDonald's which, obviously, he cannot really answer
29 questions on.
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31 MR. JUSTICE BELL: No, you cannot ask him about that, but if
32 there is something in the reasoning he has followed, an
33 order Mr. Mallinson has followed, to end up with his .96
34 squares miles or 1.42 square miles, then put it to him if
35 you want to, because you you are going to finish this
36 afternoon. If you want to, you can leave that over to when
37 he comes back. In so far as you are challenging matters
38 which are rather more of detail in his statement because,
39 for better or worse, your opponents have decided to put in
40 a statement which includes a lot of factual detail and
41 opinion on this, that or the other, I suggest you just try
42 to stick to the main points and put the challenge
43 straightaway.
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45 MR. MORRIS: Yes.
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47 MR. RAMPTON: My Lord, I should say we fell into something of a
48 trap actually. It is all it there because of what was in
49 the Ms. Carroll's statement. Your Lordship remembers that
50 the Defendants have always said that what is not pleaded
51 but is in their statements should be treated as part of
52 their case. There are some general statements about damage
53 to biodiversity and so on in Ms. Carroll's statement. Now,
54 of course, it turns out that we have not got Mr. Mallinson
55 to respond in detail to that allegation because she is not
56 being called.
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58 MR. MORRIS: It is not a trap.
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60 MR. JUSTICE BELL: I quite agree, but the situation I am faced
