Day 158 - 19 Jul 95 - Page 36
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2 MR. MORRIS: It is a particular, really -- I recognise that the
3 first sentence or phrase, whatever, incorporates the
4 second, but it is a particular. I mean it is like an -----
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6 MR. JUSTICE BELL: What are you getting at? Tell me what you
7 have in mind in relation to the second half because that is
8 the only part that Mr. Rampton objects to.
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10 MR. MORRIS: Yes. It is the UK situation of the import of beef
11 in direct contravention of the edict from the highest level
12 not to do such.
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14 MR. JUSTICE BELL: Why do you not say, just go on after
15 "regions" put a full stop and say: "The Second Plaintiff
16 has acted in direct contradiction to the First Plaintiff's
17 expressed policy", or something like that? Then, in due
18 course, we will hear whether Mr. Rampton has an objection
19 to that, if that is what you are getting at.
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21 MR. RAMPTON: My Lord, I have no objection. The question I will
22 ask your Lordship in due course is, so what, but I do not
23 mind it as a pleading.
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25 MR. JUSTICE BELL: That may be.
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27 MR. MORRIS: We have no objection to that. The thing is -----
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29 MR. JUSTICE BELL: What I have written down -- I will read it
30 back to you so you can think whether it does cover what you
31 had in mind -- "The Second Plaintiff has acted in direct
32 contravention of the First Plaintiff's expressed policy".
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34 MR. MORRIS: Yes, the only thing -----
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36 MR. JUSTICE BELL: I am not trying to railroad you into it.
37 I am just saying, does that cover what you had in mind when
38 you did your draft?
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40 MR. MORRIS: It is stronger than just policy, because it is
41 actually a claimed edict, which an edict may be the same as
42 a policy, but McDonald's definition of what they mean by a
43 policy and guidelines and rules and edicts seems to be
44 pretty flexible when it suits them.
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46 MR. JUSTICE BELL: I do not suppose anyone is going to fall out
47 about one word like that.
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49 MR. MORRIS: No.
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51 MR. JUSTICE BELL: They may fall out about one word in -----
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53 MR. RAMPTON: Why not add the word "stated policy"?
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55 MR. JUSTICE BELL: I put an "expressed" with an "ed" on the end
56 which is the same. "The Second Plaintiff has acted in
57 direct contravention of the First Plaintiff's expressed" --
58 that is with an "ed" on the end -- policy.
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60 MR. MORRIS: The only thing is that it is our quite reasonable
