Day 205 - 17 Jan 96 - Page 44


     
     1   MR. RAMPTON:  My Lord.
     2
     3   MR. JUSTICE BELL:  It is just a question of a power of leave to
     4        amend to add them.
     5
     6   MR. RAMPTON:  I would like, I mean, I am always attempted to get
     7        things out of the way because it saves time.  I cannot
     8        think that either of these amendments is going to have any
     9        significant influence on the result of this case.  Even so,
    10        I think this is a counsel of caution.  I would like to
    11        think about it over the weekend.  I would like to hear what
    12        Mr. Atkinson thinks about it and things of that kind.
    13        I may even want to telephone Professor Walker, I do not
    14        know, or ask Mrs. Brinley-Codd to do so because one often
    15        finds, even in what Mr. Morris would like to call an
    16        official information service, mistakes are made.
    17
    18   MR. JUSTICE BELL:  Monday again.  May I repeat, it can be left
    19        until we have dealt with that, but when I gave the ruling
    20        allowing amendment of the particulars of justification to
    21        add, I think, there were a total of nine amendments in
    22        relation to employment practices, and to amend particular C
    23        in the environment section -- I think it is on page 3 of
    24        the Abstract -- to add the knock-on effect in relation to
    25        Brazil to what was pleaded about Guatemala and Costa Rica,
    26        and to allow an extra general amendment.  Do you remember?
    27        You applied to amend in two respects with regard to damage
    28        of the environment; one was to add Brazil, in effect, to
    29        Guatemala and Costa Rica, and I allowed that in part.
    30
    31   MR. MORRIS:  Yes.
    32
    33   MR. JUSTICE BELL:  The other was to allow an amendment to the
    34        effect that McDonald's had no policy about such matters.
    35        I allowed you about half of what you wanted in relation to
    36        that.  I think I allowed the first three lines and cut out
    37        the last two.  In any event, when I gave leave to amend in
    38        those respects, I said I would be very grateful if the
    39        Abstract could be changed in order to cater for the amended
    40        pleadings.  I do not think it has been done.
    41
    42        I hesitate to repeat the request because it is really not
    43        for me to say, in effect, that Mr. Atkinson or your
    44        instructing solicitors, Mr. Rampton, should add to the
    45        document for my benefit.  My reserve is that otherwise
    46        I will add something to it of my own accord which you will
    47        not have and the Defendants will not have.
    48
    49   MR. RAMPTON:  My Lord, I am not quite sure what has happened.  I
    50        have certainly seen, I thought, an Abstract which had got 
    51        in a bit about Brazil.  I think it is just not completely 
    52        up-to-date.  I have certainly seen one.  My Lord, I am 
    53        grateful for those observations because it is a burden on
    54        Mrs. Brinley-Codd and her helpers.  It is not our business,
    55        in fact, to amend the Defendants' pleadings for them.  It
    56        is up to them to do it.  However, in the peculiar
    57        circumstances of this case, we will do it and we are sorry
    58        if it is not up-to-date; we will try to get it up to date
    59        as soon as we can.
    60

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