Day 309 - 03 Dec 96 - Page 55


     
     1        they are making a contribution to this starvation.  It is
     2        not as much of a contribution as the Corporation, but
     3        certainly a significant contribution.
     4
     5        Your Lordship will have noticed that so far as the export
     6        of crops is concerned, at least, that is not limited to
     7        export to the United States.
     8
     9   MR. JUSTICE BELL:  Yes.  Moving on to rainforest ---
    10
    11   MR. RAMPTON:  My Lord, yes.
    12
    13   MR. JUSTICE BELL:  -- let us suppose that 4B, 4C and 4E in the
    14        Re-amended Statement of Claim got it right.
    15
    16   MR. RAMPTON:  Yes.
    17
    18   MR. JUSTICE BELL:  On page 2 of your submissions,
    19        paragraph 2(1) -----
    20
    21   MR. RAMPTON:  Page 2.  I am sorry, I have leapt ahead.
    22
    23   MR. JUSTICE BELL:  Page 2, paragraph 2(1), sub-paragraph 2, if
    24        the plain meaning of the words complained of is, in
    25        summary -- I have asked what I want to ask at the moment
    26        about causing starvation -- 2, "that McDonald's actively
    27        destroyed vast areas of rainforest to make way for their
    28        cattle and to provide packaging for themselves" -----
    29
    30   MR. RAMPTON:  That is right.  That is the same as saying "use
    31        and have used lethal poisons to destroy".
    32
    33   MR. JUSTICE BELL:  I was going to say, is that a general sting
    34        which is more serious than the general sting in B?
    35
    36   MR. RAMPTON:  No.  It is the same, I would say.
    37
    38   MR. JUSTICE BELL:  What, the "guilty of destruction", or -----
    39
    40   MR. RAMPTON:  B and C go together.  The method of destruction is
    41        that described in C, which is taken directly from the words
    42        complained of.
    43
    44   MR. JUSTICE BELL:  Yes.
    45
    46   MR. RAMPTON:  My attempt at 2(1)(2) is only a summary.  I have
    47        said a rewriting of B and C.  I have simply summarised
    48        them.  One notices -----
    49
    50   MR. JUSTICE BELL:  You say you get that from a combination of 4B 
    51        and 4C, or from 4C alone. 
    52 
    53   MR. RAMPTON:  Yes.  You get it from both, because one notices
    54        that 4B does not say "are guilty of causing the destruction
    55        of the rainforest"; it says "guilty of the destruction of
    56        rainforest".
    57
    58   MR. JUSTICE BELL: It certainly does not say "are indirectly
    59        responsible for the destruction of the rainforest".
    60

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