Day 070 - 20 Dec 94 - Page 11


     
     1        80 tonnes are concerned, what are you suggesting should be
     2        available and discovered in relation to that?
     3
     4        Let me get you going in this way:  there is a distinction
     5        (or may be), which may be important, between beef from
     6        rainforest countries and rainforest areas of rainforest
     7        countries, particularly in relation to Brazil.  So, I can
     8        see that you might suggest that any documentation in the
     9        power, custody or control of the Plaintiffs which related
    10        to where the 80 tonnes came from -- sticking to the 80
    11        tonnes for a moment -- that might be a complete blind
    12        alley, because you might find you have got the answer that
    13        the document only goes back so far or that the Plaintiffs
    14        have no or limited documentation.  That might be the first
    15        area.
    16
    17        There was the map.  I think that may not be related to the
    18        80 tonnes, but it may come in there.  I would not have
    19        thought there was any difficulty about that, because you
    20        can be pretty confident that Mr. Rampton is as keen to see
    21        any map in relation to Brazil, Costa Rica or Guatemala as
    22        you are.
    23
    24   MR. RAMPTON:  My Lord, can I say that I have absolutely no
    25        inhibition about making any discovery that assists your
    26        Lordship in making a decision in this case.  I am wholly
    27        confident that the discovery which I am able to find is
    28        going to help the Plaintiffs and not the Defendants.
    29
    30        I know a little bit about the map from what
    31        Dr. Gomez Gonzalez said about it in evidence.  I know,
    32        because he said so, it is in the hand of the Brazilian
    33        supplier, Braslo.  It is not a Plaintiffs' document.
    34        I know that it is large document.  I know it has pins in
    35        it, because he said so.  I do not know whether it can be
    36        transported to England for a trial.  I do not know whether
    37        a satisfactory photograph can be taken of it.  If Braslo
    38        will permit McDonald's to do one or other of those things,
    39        then we will try and see that it is done.
    40
    41        As your Lordship has observed, what matters is not whether
    42        beef came from Brazil, but where in that vast country it
    43        came from.  If we have any documents of McDonald's relating
    44        to that question, then, naturally, we will disclose them.
    45
    46   MR. JUSTICE BELL:  What I am inviting you to do is to be fairly
    47        specific about what sort of documentation you think there
    48        may be which is relevant to an issue in the case.  I do
    49        not, with respect, think it is sufficient to say, "We are
    50        entitled to discovery generally in relation to the Brazil 
    51        issue."  That will, quite rightly, be interpreted by those 
    52        who represent McDonald's as discovery in relation to any 
    53        relevant Brazil issue, because they are entitled to make a
    54        judgment -- indeed, they have got to make a judgment -- as
    55        to what about Brazil is relevant to an issue in the case, a
    56        true issue in the case.
    57
    58   MR. MORRIS:  The only difficulty I am under is that I cannot
    59        think on my feet.  If we are making a formal application
    60        now for specific documents, I would like to do a list over

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