Day 313 - 13 Dec 96 - Page 59


     
     1        inequality of arms the question would still be: are the
     2        circumstances such that justice cannot be done in the
     3        case?
     4
     5   MR. RAMPTON:  But applying English rather than European
     6        principles to that to be answering that question.  And I do
     7        remind your Lordship, and we will get the authorities, both
     8        Mr. Atkinson and I have it.  It is a decision of the
     9        Commission, so it is hardly an authority, rather than a
    10        court.  I do remind your Lordship that the Defendant
    11        application to the European court for a declaration to the
    12        effect that the refusal of the English system to provide
    13        them with legal aid, which was based in large part on the
    14        equality of arms argument, was rejected.
    15
    16   MR. JUSTICE BELL: What I would like, if a copy of that
    17        decision-- which, as I said this morning, is in the papers
    18        somewhere, and indeed I read it a long time ago -- could be
    19        sent to me under a bare covering letter.
    20
    21   MR. RAMPTON:  Yes.
    22
    23   MR. JUSTICE BELL: If Mrs. Brinley-Codd then just sends a copy of
    24        her covering letter to the Defendants.
    25
    26   MR. RAMPTON:  Yes.
    27
    28   MR. JUSTICE BELL:  Presumably you have a copy somewhere.
    29
    30   MR. RAMPTON:  I do not know where it came from, actually, but we
    31        will sort that before very much of next week has gone post
    32        past.
    33
    34        The only other thing I was going to mention is this, and it
    35        is perhaps necessary to make it clear.  I would certainly
    36        accept that after the agreement, the settlement, with
    37        Veggies had been reached, McDonald's were not able to claim
    38        damages against Veggies for further distribution of
    39        material which is the subject of this action.  Plainly,
    40        because there had been an accord of satisfactions, but that
    41        is as far as that point runs.  One is entitled to sue who
    42        one wants.  In particular reflecting the facts of this
    43        case, McDonald's were entitled to sue the people that they
    44        perceived were originally and principally responsible for
    45        putting this poison into the system.
    46
    47   MR. JUSTICE BELL: Yes.
    48
    49   MR. RAMPTON:  My Lord, I have no further points.
    50
    51   MR. JUSTICE BELL: No.  Thank you.  The situation now is this:
    52        Ms. Steel and Mr. Morris, you have until one o'clock --
    53        because I have to put a deadline however arbitrary it may
    54        seem, upon it.  You have until one o'clock next Wednesday
    55        to get into Mr. Glen's hands and Mrs. Brinley-Codd's hands
    56        any further submissions by way of references to the
    57        evidence on matters of fact.  I will not go into that
    58        again, we have dealt with it before.  If you do not do
    59        that, for whatever reason, then the hearing, subject to my
    60        judgment, ends today.  If you do do that, I will come back

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