Day 096 - 03 Mar 95 - Page 72


     
     1
     2        So, for instance, quite apart from any argument which
     3        Mr. Rampton may raise, you must expect me to ask what
     4        reasonable evidence you have to support the contention that
     5        Brazilian beef going to McDonald's restaurants in Brazil
     6        originated from cattle raised on ex-rainforest land, or
     7        what reasonable grounds you have for supposing that there
     8        will be sufficient evidence to prove that allegation.
     9
    10        You are going to have to refer me to what you rely on.
    11        I have only taken that as one example from the various
    12        matters which are set out within the red brackets which Mr.
    13        Rampton has put on paragraphs (1) to (5), that is, the
    14        Destruction of the Environment paragraphs.
    15
    16        I think I should get on and decide whether to give you
    17        leave in relation to paragraphs (1) to (5), or any parts of
    18        them but, in the light of me saying that, it may be that
    19        you will want to take a bit of time to get yourself
    20        together on that.
    21
    22   MR. MORRIS:  That will not be for Monday?
    23
    24   MR. JUSTICE BELL:  That would be a reason for not dealing with
    25        those five paragraphs on Monday.  Do you follow me?
    26
    27   MR. MORRIS:  Yes.
    28
    29   MR. JUSTICE BELL:  I do not want to start an argument on those
    30        five and then find that you are not prepared to give me the
    31        chapter and verse which you may require to obtain leave to
    32        amend.  So, bearing that in mind, I suggest we get on with
    33        the other matters which have been mentioned in the last
    34        quarter of an hour, apart from the question of amendment to
    35        your Defence and Particulars of Justification and Fair
    36        Comment in relation to Destruction of the Environment.  Do
    37        you understand?
    38
    39   MR. MORRIS:  Yes.  Could I just say on the interrogatory, that
    40        was put in interrogatory form in case there was not an
    41        existing document that could supply that information
    42        because, in fact, that is what you asked the Plaintiffs to
    43        do -----
    44
    45   MR. JUSTICE BELL:  At the moment I consider that I have given a
    46        sufficient indication in my ruling given on Monday.  It is
    47        only if Mr. Rampton stood up and said:  "We are not content
    48        with an indication; we wish you to order one way or
    49        another" that I would consider it appropriate to reopen
    50        that. 
    51 
    52   MR. RAMPTON:  Your Lordship made an order which, if we can, we 
    53        will comply with, namely, if there are lists, we must
    54        disclose them and we will.  You gave an indication that if
    55        we could easily compile such a list, then we should and we
    56        will.
    57
    58   MR. JUSTICE BELL:  Yes.  You can raise that again on Monday, if
    59        you want, but I suggest you read again that part of my
    60        ruling which dealt with that to see whether there really is

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