Day 056 - 28 Nov 94 - Page 48


     
     1
     2   MR. MORRIS:  Yes, I will try to do that.  If we go back to page
     3        3 of your statement -----
     4
     5   MR. JUSTICE BELL:  At some stage it would help me if where there
     6        is an actual issue, if there is one, on areas; it is not
     7        just the square miles of forests which is required to
     8        sustain McDonald's packaging without loss year after year
     9        after year.  I think if there is a challenge to the 1.42
    10        square miles or whatever, you should deal with that as
    11        well, because if there is a question of interpretation of
    12        the leaflet as well and whether that, for instance, might
    13        be interpreted by the ordinary reader as meaning that you
    14        have actually to cut down 800 square miles of forest each
    15        year to supply McDonald's, because that matter of
    16        construction is open is open for argument.
    17
    18   MR. MORRIS:  Yes, I did not think Mr. Mallinson was the most
    19        suitable person to deal with those figures.
    20
    21   MR. JUSTICE BELL:  No, he is not.  I do not want him to deal
    22        with questions of construction of the leaflet, that is for
    23        me, but he has done a calculation in his statement and if
    24        you say the calculation is wrong for this reason or that
    25        reason, then I would like you to challenge it.
    26
    27   MR. MORRIS:  Yes.  The problem is he has been given figures by
    28        McDonald's which, obviously, he cannot really answer
    29        questions on.
    30
    31   MR. JUSTICE BELL:  No, you cannot ask him about that, but if
    32        there is something in the reasoning he has followed, an
    33        order Mr. Mallinson has followed, to end up with his .96
    34        squares miles or 1.42 square miles, then put it to him if
    35        you want to, because you you are going to finish this
    36        afternoon. If you want to, you can leave that over to when
    37        he comes back.  In so far as you are challenging matters
    38        which are rather more of detail in his statement because,
    39        for better or worse, your opponents have decided to put in
    40        a statement which includes a lot of factual detail and
    41        opinion on this, that or the other, I suggest you just try
    42        to stick to the main points and put the challenge
    43        straightaway.
    44
    45   MR. MORRIS:  Yes.
    46
    47   MR. RAMPTON:  My Lord, I should say we fell into something of a
    48        trap actually.  It is all it there because of what was in
    49        the Ms. Carroll's statement.  Your Lordship remembers that
    50        the Defendants have always said that what is not pleaded 
    51        but is in their statements should be treated as part of 
    52        their case.  There are some general statements about damage 
    53        to biodiversity and so on in Ms. Carroll's statement.  Now,
    54        of course, it turns out that we have not got Mr. Mallinson
    55        to respond in detail to that allegation because she is not
    56        being called.
    57
    58   MR. MORRIS:  It is not a trap.
    59
    60   MR. JUSTICE BELL:  I quite agree, but the situation I am faced

Prev Next Index