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

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