Day 251 - 17 May 96 - Page 36


     
     1        statement since February, so he could have dealt with it.
     2        The new stuff that came in today --
     3
     4   MR. JUSTICE BELL:  I am sorry, I must interrupt you because that
     5        is my point.
     6
     7   MS. STEEL:   That is the reason why Mr. Rampton said he was
     8        going to make an objection.
     9
    10   MR. JUSTICE BELL:  It may be and I do not want to hear argument
    11        on it now.  I have expressly said I do not want to hear
    12        argument today because I think it requires a bit of
    13        thought.  It is not the sort of thing I am prepared to
    14        decide when for the first time I am raising it in open
    15        court.  The point is -- I will just say it again and then I
    16        would like you all to think about where we go from here on
    17        it -- however the position may be, that matters in
    18        statements served are taken to be part of the pleaded case,
    19        where I have actually refused one party or the other leave
    20        to amend to make the allegation, the situation must be
    21        different.
    22
    23        It would not concern me in this case if Mr. Rampton, having
    24        thought about it said:  "Well, I do not mind; I accept that
    25        it is part of the Plaintiff's case, despite your ruling,
    26        that Brazilian beef, some originally from cattle raised on
    27        ex-forest land, has been supplied to McDonald's", then I
    28        would be content that it would be so, although I think it
    29        would be much clearer if I gave you leave to amend in the
    30        form you originally sought in July.
    31
    32        But if Mr. Rampton is going to take the point:  "It does
    33        not matter what evidence the defendants call on that, it
    34        does not matter when they served witness statements which
    35        might bite on that, since July of 1995, the fact is that
    36        the Judge has ruled that they do not have leave to amend,
    37        therefore, it cannot in law and our civil procedure be part
    38        of their case", then the matter needs argument and a
    39        further decision from me.
    40
    41   MR. MORRIS:  I think I agree with Mr. Rampton that your judgment
    42        was based upon what you felt we did not have in at that
    43        time.
    44
    45   MR. JUSTICE BELL:  It was based on the evidence and what I
    46        thought the potential evidence might be at that time.  Any
    47        way I -----
    48
    49   MR. MORRIS:  Since then, of course, we have had information from
    50        McDonald's about where their supply sources have been which 
    51        we were asking for for about three or four years. 
    52 
    53   MR. JUSTICE BELL:  This is all embarking on the argument I do
    54        not want to hear, because it will go off at half-cock and
    55        that is unsatisfactory.  What I think you and Ms. Steel
    56        should do is, in the light of this, think whether you want
    57        to remake the application you made in July with regard to,
    58        not all the rest of it, but those particular words I have
    59        just referred to; if you do, then you must give an
    60        indication to Mrs. Brinley-Codd that you do, and I must see

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