Day 087 - 10 Feb 95 - Page 43


     
     1        going through the other matters.
     2
     3   MR. RAMPTON:  But if I need to say anything more about the list
     4        of suppliers ----
     5
     6   MR. JUSTICE BELL:  No, I do not think you do, because what I was
     7        minded to direct in relation to that, and the answer may be
     8        simply that there are not any, was that the Plaintiffs
     9        should produce any lists which exist of suppliers for 1979,
    10        1983, 1984 which should not be put for searching, for
    11        instance, through files for letters in order to compile a
    12        list afresh.
    13
    14   MR. RAMPTON:  I am grateful to your Lordship because that is
    15        what I thought the position was.
    16
    17   MR. JUSTICE BELL:  Let me just look at the rest -- I have a note
    18        in relation to food poisoning documents "supplementary
    19        bundle V, tab 2, page 13".  What does that refer to?
    20
    21   MR. RAMPTON:  My Lord, that is for the Defendants to formulate
    22        an allegation in relation to Shrewsbury, and your Lordship
    23        said  ---
    24
    25   MR. JUSTICE BELL:  That is right; I have said that they
    26        should -----
    27
    28   MR. RAMPTON:  -- that any discovery or admission, as the case
    29        may be, must await to see what they actually intend to
    30        allege.
    31
    32   MR. JUSTICE BELL:  Yes, thank you.  Yes, Mr. Morris' suggestion
    33        in relation to Mr. Cesca was in relation to soya in
    34        Germany.
    35
    36   MR. RAMPTON:  I still do not know what it was because Mr. Cesca
    37        has sworn that he knows nothing about soya.
    38
    39   MR. JUSTICE BELL:  I did not read the affidavit, but the effect
    40        of what he said in his second and first affidavit taken
    41        together was that that was being dealt with by your
    42        instructing solicitors.
    43
    44   MR. RAMPTON:  It has been in the form of a statement from
    45        Professor Doctor Engineer Schum.  So far as I know, the
    46        suppliers of McDonald's suppliers in Germany, that is to
    47        say I think a company called Raffeisen who L&O Flieshvaren
    48        who supply McDonald's, is a co-operative some of whose
    49        cattle may some times use about 1.8 per cent of soya in
    50        their feed; German cows, generally speaking, being fed on 
    51        grass and silage; that in any event that soya comes, if it 
    52        does, from Argentina and the USA, neither of which is a 
    53        rainforest country or is a country having any rainforest
    54        area is the right way of describing it. In consequence of
    55        that, it is arguable at the very least that an application
    56        for discovery in this area is meaningless.
    57
    58        Second, and more important as a point of principle, it is
    59        impossible because the documents, if there are any,
    60        relating to that supplier of soya from Argentina and the

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