Day 158 - 19 Jul 95 - Page 55


     
     1        Mr. Monbiot or Mr. Shane, to assert that 80 tonnes used in
     2        1983 had had or could have had any lasting effect on the
     3        Brazilian environment, whether directly or indirectly.
     4
     5        But, my Lord, so far as the more substantial question, does
     6        McDonald's continuing operation in Brazil have an effect on
     7        the environment is concerned, put as your Lordship put it
     8        just now, makes me think that, in fact, most of today has
     9        been wasted, because I am not in the least concerned to
    10        oppose amendments just for the sake of opposing them.
    11
    12        I only oppose amendments if I think that they are (a)
    13        unmeritorious and (b), which I regard in the context of
    14        this case as absolutely essential, that they are going to
    15        lead to an unnecessary expenditure of time and money.
    16
    17        If it be the case that an amendment of this kind has the
    18        effect that your Lordship says it has, it does not give
    19        rise to any argument about power over documents and hence
    20        about discovery, then I am not really frightfully bothered.
    21
    22   MR. JUSTICE BELL:  Yes, you see, what I am turning my mind to is
    23        the very last piece of Mr. Morris' amended amendment which
    24        is cattle ranching outside the Amazon is the principal
    25        movement of peasants into the Amazon.
    26
    27   MR. RAMPTON:  Yes.  I mean, as a general statement, I have no
    28        objection to that.  What I am concerned is that in due
    29        course -- certainly not this term but at some time in
    30        October perhaps when I am getting ready to call rain forest
    31        evidence -- my people are going to be forced to go to Sao
    32        Paulo and scratch through dusty old files to see if they
    33        can identify, for example, the annual quantities of beef
    34        bought by Braslo from each of those places over the last 15
    35        or 20 years.  That is what terrifies me.
    36
    37        That does not mean that I resile in any way from my
    38        objections to the pleading, but the reason that I make the
    39        objections is that I foresee that kind of application for
    40        discovery being made.
    41
    42        Of course, I have the fall-back position (which I hope your
    43        Lordship would think correct) that that kind of discovery,
    44        given the broad, general inferential nature of this plea,
    45        was wholly unnecessary for the fair disposal of the action
    46        or, indeed, for the saving of McDonald's costs, but
    47        I really would not want to have to get embarked on that if
    48        I can help it.
    49
    50        There again, I mean, that is the basis of my objection to 
    51        the second part of paragraph 2.  I do not mind, Mr. Morris 
    52        can say it until he is blue in the face, that he does not 
    53        believe that the McKey balance sheet beef is the only time
    54        it happened.  That does not worry me in the very
    55        slightest.  The only question is whether what he says has
    56        any persuasive quality at all.  But if we have to go
    57        trawling through all the files of all the subsidiaries
    58        everywhere in the world to see whether they ever did
    59        anything like that, then, frankly, I think I would commit
    60        suicide.

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