Day 251 - 17 May 96 - Page 36
1 statement since February, so he could have dealt with it.
2 The new stuff that came in today --
3
4 MR. JUSTICE BELL: I am sorry, I must interrupt you because that
5 is my point.
6
7 MS. STEEL: That is the reason why Mr. Rampton said he was
8 going to make an objection.
9
10 MR. JUSTICE BELL: It may be and I do not want to hear argument
11 on it now. I have expressly said I do not want to hear
12 argument today because I think it requires a bit of
13 thought. It is not the sort of thing I am prepared to
14 decide when for the first time I am raising it in open
15 court. The point is -- I will just say it again and then I
16 would like you all to think about where we go from here on
17 it -- however the position may be, that matters in
18 statements served are taken to be part of the pleaded case,
19 where I have actually refused one party or the other leave
20 to amend to make the allegation, the situation must be
21 different.
22
23 It would not concern me in this case if Mr. Rampton, having
24 thought about it said: "Well, I do not mind; I accept that
25 it is part of the Plaintiff's case, despite your ruling,
26 that Brazilian beef, some originally from cattle raised on
27 ex-forest land, has been supplied to McDonald's", then I
28 would be content that it would be so, although I think it
29 would be much clearer if I gave you leave to amend in the
30 form you originally sought in July.
31
32 But if Mr. Rampton is going to take the point: "It does
33 not matter what evidence the defendants call on that, it
34 does not matter when they served witness statements which
35 might bite on that, since July of 1995, the fact is that
36 the Judge has ruled that they do not have leave to amend,
37 therefore, it cannot in law and our civil procedure be part
38 of their case", then the matter needs argument and a
39 further decision from me.
40
41 MR. MORRIS: I think I agree with Mr. Rampton that your judgment
42 was based upon what you felt we did not have in at that
43 time.
44
45 MR. JUSTICE BELL: It was based on the evidence and what I
46 thought the potential evidence might be at that time. Any
47 way I -----
48
49 MR. MORRIS: Since then, of course, we have had information from
50 McDonald's about where their supply sources have been which
51 we were asking for for about three or four years.
52
53 MR. JUSTICE BELL: This is all embarking on the argument I do
54 not want to hear, because it will go off at half-cock and
55 that is unsatisfactory. What I think you and Ms. Steel
56 should do is, in the light of this, think whether you want
57 to remake the application you made in July with regard to,
58 not all the rest of it, but those particular words I have
59 just referred to; if you do, then you must give an
60 indication to Mrs. Brinley-Codd that you do, and I must see
