Day 292 - 01 Nov 96 - Page 39
1 MR JUSTICE BELL: I am on another point now, I have grasped
2 that. What I need to do at some stage is say, yes, I see
3 what they say in the McFact card and the representation --
4 misrepresentation, you would say -- about recycling, then I
5 look at a piece of - and that may be what you are really
6 aiming at, but you might say, well, we have actually got a
7 letter here, as it happens, in the bundle, and on it it has
8 got 'recycled paper'. Do you see what I mean? Because it
9 was actually typed, it said, or word processed on recycled
10 paper, and you might want to say that is a
11 misrepresentation, whether by exaggeration, which is what
12 you are really saying, or total dishonesty, which is really
13 what you are saying the McFact card is, because it gives
14 the impression that they were actually recycling the stuff
15 into something useful when all they have done is collected
16 some of it. Do you see what I mean?
17
18 MR. MORRIS: They did not even collect it, actually. They just
19 dumped -----
20
21 MR. JUSTICE BELL: I have the McFact card point. I can see you
22 might say, you might say, that there is a deception which
23 justifies what they said. On the other hand, Mr. Rampton
24 might say, no, that is not what this leaflet is getting at,
25 even if that were a deception.
26
27 MR. MORRIS: I mean, I don't know -----
28
29 MR. JUSTICE BELL: It is the use of recycled paper which is the
30 alleged deception or exaggeration. I don't know. We have
31 got to hear Mr. Rampton yet.
32
33 MR. MORRIS: I think the example is, for example, it does
34 relate to this, the content. One example, I can give a
35 direct quote, a direct reference now: Day 63, page 15,
36 line 27, where Mr. Von Erp agreed, I think he agreed, but
37 certainly anyway it is our case that he is compelled to
38 agree, that none of the European products which were
39 described as containing recycled content in the chart we
40 were looking at at that time, and if you remember the chart
41 had the recycled percentage in it, none of them would be
42 able to be called recycled in the USA, they would not be
43 allowed to use that word because they would have to have a
44 significant percentage of post-customer-----
45
46 MR. JUSTICE BELL: I have that point. I have that point too.
47 What at the moment I am focusing on is not whether if they
48 say the paper they use is recycled it is true and honest
49 and gives the right impression, what I am on at the moment
50 is where do they actually say they use recycled paper?
51 Then if you demonstrate to me they say it here and they say
52 it there, when we go to the next stage, well, is it true or
53 not, and, even though, is it true in substance in that it
54 is more than just an insignificant proportion recycled. Do
55 you see the point I am getting at? It may be a very
56 obvious answer to it.
57
58 MR. MORRIS: Yes. I don't know.
59
60 MR JUSTICE BELL: It may be that it has been in front of me
