Day 070 - 20 Dec 94 - Page 13
1 it is reasonable to suppose that that chance finding in the
2 one country of litigation may mean that, in the 70
3 countries where McDonald's operate, it may be a practice
4 that has been happening dozens of times, despite denials to
5 the contrary.
6
7 So I think it would be reasonable for us to suppose that if
8 lightning did strike us, then lightning somewhere else may
9 be happening. So I think that the Plaintiffs should make
10 some discovery about that. I cannot really think of
11 anything else on my feet.
12
13 MS. STEEL: The map that Dr. Gomez Gonzalez was speaking about
14 was in relation to Braslo. The beef imported into the UK
15 was from Vesty. So if the Plaintiffs could also make
16 enquiries from Vesty's as to a map of where their ranches
17 are.
18
19 MR. MORRIS: It is brought up in the Vesty's letter, actually,
20 and I think that, really, Mr. Walker went over to check out
21 the slaughterhouse. So, in terms of relationship with
22 Vesty's, there may be other documents.
23
24 MR. JUSTICE BELL: Yes.
25
26 MR. MORRIS: I do not know if they have used Vesty's since.
27
28 MR. JUSTICE BELL: As I have said, at this stage it has to be
29 left to the judgment of those who advise McDonald's as to
30 what is relevant or not. Unless there is anything you want
31 to add, there is one matter I want to ask Mr. Rampton
32 about, and that is really this, Mr. Rampton: if, in fact,
33 there have been other exports from Brazil to McDonald's or,
34 advisedly said, known to be two suppliers for supply on to
35 McDonald's, they would be relevant, would they not?
36
37 MR. RAMPTON: No, my Lord, they would not.
38
39 MR. JUSTICE BELL: What do you say about that? Because, as
40 I understand it, it is denied by your clients that there
41 has, in fact, been anything but the 80 tonnes.
42
43 MR. RAMPTON: I do not know whether it is or whether it is not.
44 All that Dr. Gomez Gonzalez said was that he did not know
45 about that. It may be there that have been other exports
46 from Brazil to McDonald's or their suppliers in different
47 parts of the world, always excluding the United States. It
48 may be there have been, I do not know. Dr. Gomez Gonzalez
49 did not think that there had. I posed the issue in this
50 way: supposing that there had, supposing that it happens
51 on a regular basis, what possible bearing could it have on
52 this case, unless those exports came from an area of Brazil
53 that was or had until recently been rainforest land?
54
55 That is the test of relevance, which I freely admit
56 I propose to apply in looking at what might be called the
57 Brazilian question. I do not propose, unless ordered by
58 your Lordship to do so, to do a large discovery, if there
59 were one (which I doubt) or, still less, to provoke
60 McDonald's suppliers in Brazil to do a large discovery in
