Day 309 - 03 Dec 96 - Page 62


     
     1        scale by whatever means, direct or indirect, and causing
     2        starvation in the Third World by economic imperialism.
     3
     4        If your Lordship remembers, that is in a sense one of the
     5        reasons, or perhaps the reason, why I am, in these
     6        submissions, somewhat reluctant to descend into the arena
     7        in relation to environment/index.html">litter.
     8
     9   MR. JUSTICE BELL:  Yes.
    10
    11   MR. RAMPTON:  Because it really has not got anything to do with
    12        the conduct alleged in this part of the leaflet.
    13
    14   MR. JUSTICE BELL:  I may come to that when I come back to --
    15
    16   MR. MORRIS:  Can I just ask a legal question?
    17
    18   MR. JUSTICE BELL:  Yes.
    19
    20   MR. MORRIS:  If McDonald's, if Mr. Rampton says you would have
    21        to show someone has a poor reputation on the subject by
    22        real evidence, then obviously we would submit, as we have
    23        done, that McDonald's have to show real evidence that their
    24        reputation has suffered from the distribution by me and
    25        Helen of this fact sheet as well.  It would surely be the
    26        two parts of the same coin?
    27
    28   MR. RAMPTON:  Well, it is not, but there it is.  Perhaps
    29        your Lordship does not wish me to deal with that
    30        intervention?
    31
    32   MR. JUSTICE BELL:  No, I do not think so.
    33
    34   MR. RAMPTON:  No.  The only thing I should add, when I said
    35        real, gritty evidence about bad reputation, the relevant
    36        authority, if your Lordship should want it, is Plato v
    37        Speidil 1960 Appeal Cases.  I am afraid I cannot remember
    38        the page number, but it is in the House of Lords.  Their
    39        Lordships gave an example, I think it was Lord Denning when
    40        he was in the House of Lords before he came back down
    41        again, the sort of evidence that you need if the allegation
    42        is that, for example, a woman Plaintiff is a prostitute,
    43        you have to call somebody like a police officer to say,
    44        well, she lives in my patch and she certainly has that
    45        reputation within this district.
    46
    47   MR. JUSTICE BELL:  Yes.
    48
    49   MR. RAMPTON:  1961 Appeal Cases.
    50 
    51   MS. STEEL:   What is the name of the case again? 
    52 
    53   MR. RAMPTON:  P-L-A-T-O v Speidil -- General Speidil who was one
    54        of the Germans during the war who was accused of war
    55        crimes.  Something like the Plaintiff.
    56
    57   MR. JUSTICE BELL:  Yes.  The other matter is page 40 where you
    58        are dealing with what the evidence is as to when land was
    59        deforested.  This is in relation to Costa Rica.  So, in so
    60        far as Civil Evidence Act witnesses -- leaving

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