Day 146 - 03 Jul 95 - Page 23


     
     1
     2   MR. RAMPTON:  That is all I have to say about that topic.  The
     3        next two, the last two topics, on our agenda are
     4        Mr. Atkinson's.  I will ask him to take over now unless
     5        your Lordship -- no, there are some other things.  I am
     6        sorry.
     7
     8   MR. MORRIS:  Can we have a couple of minutes to finish off some
     9        notes?
    10
    11   MR. JUSTICE BELL:  Yes, just pause a moment.  When Mr. Rampton
    12        has finished and Mr. Atkinson has finished I will give you
    13        the choice of the order in which you take things.  You can
    14        either start by replying to Mr. Rampton's applications, or
    15        you can start by arguing your own applications and going on
    16        to answer Mr. Rampton's applications.  Then Mr. Rampton
    17        will have, or Mr. Atkinson will have, the opportunity to
    18        speak in reply to your response to his applications and to
    19        answer your applications and then, very finally, I will
    20        give you a chance to respond to his answer to your
    21        applications.
    22
    23        It is not as complicated as it sounds, but what I am saying
    24        is you can answer what Mr. Rampton has said or you can
    25        launch into your own applications and then come back to
    26        answer what he has said.
    27
    28   MR. RAMPTON:  My Lord, a couple of other small things that
    29        Mrs. Brinley-Codd has reminded me I need to deal with, or
    30        perhaps just to mention at this stage.  Last week, I think
    31        it was, the Defendants handed in some kind of purported
    32        service; first of all, a statement from your Lordship's
    33        covenantee, Mr. Secret of Friends of the Earth.  The only
    34        thing I would say about that is that it is very stale; it
    35        is dated 20th March 1995.  That is the date on the bottom
    36        by the signature, so there cannot be any doubt about the
    37        date it was signed.
    38
    39        I believe that we are owed an explanation why we have not
    40        had it beforehand.  It does not mean that I object to
    41        Mr. Secret giving evidence.  I should love to see him here,
    42        but I do believe that we are entitled to an explanation for
    43        that kind of, what shall I say -- I will not use the word
    44        "secretion" because that would be a bad pun.
    45
    46   MR. JUSTICE BELL:  It would be an explanation, but it is not as
    47        if it is a disclosable document; it would be an explanation
    48        that Ms. Steel and Mr. Morris were wondering whether they
    49        wanted to call him or not.
    50 
    51   MR. RAMPTON:  Certainly.  Then, my Lord, one looks at the next 
    52        document which was a computer printout of what I suppose 
    53        are newspaper extracts which is supposed to relate to some
    54        food violations, I think in the United States, including in
    55        some cases McDonald's.
    56
    57        My Lord, this I do object to for two reasons.  The first
    58        reason is that it is far too late.  One sees that the date
    59        on the top of the document in its left-hand corner is even
    60        earlier than Mr. Secret's date.  It is 8th March 1995,

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