Day 205 - 17 Jan 96 - Page 46


     
     1        have read that, both in its full and in its amended version
     2        or its edited version and, to be quite honest, I am baffled
     3        what allegation defamatory of the Plaintiffs and relevant
     4        to the issues in this case that evidence is supposed to
     5        support.  If Mr. Morris were to write down what the
     6        allegation is, perhaps one can see it more clearly, but
     7        I certainly cannot at present.
     8
     9   MR. JUSTICE BELL:  What troubles me, because I think you should
    10        do that, not just because I think you should do extra work
    11        but so you make it quite clear what the allegation is which
    12        you say, assuming it goes in, the Civil Evidence Act
    13        evidence will support.  It probably will not take you very
    14        long to do.  All you need to do is write it out on a sheet
    15        of paper as you have done the Avo Parcin and the other
    16        drug.
    17
    18   MR. MORRIS:  We are talking about Avo Parcin,
    19        Furazolidone  -----
    20
    21   MR. JUSTICE BELL:  No.  All you have to do is do the same as you
    22        have done there, but write down what you say is the
    23        allegation which is supported by the Congressional
    24        Committee evidence from Mr. Stein.
    25
    26   MR. MORRIS:  Yes.
    27
    28   MR. JUSTICE BELL:  Suppose, at the end of the day, I am in a
    29        position where I do not think there is evidence to support
    30        the seven individual matters which you have leave to amend,
    31        I would want to know what it is which you are saying
    32        nevertheless is supported by what Mr. Stein said to the
    33        Congressional Committee.
    34
    35   MR. MORRIS:  Right, yes.  I do not mind.  It will not be very
    36        long.  It will just be -----
    37
    38   MR. JUSTICE BELL:  When you address me at the end of the case,
    39        you are going to have to say it is clear from that evidence
    40        that McDonald's were responsible for such and such a state
    41        of affairs.  All I am asking you to do is write it down
    42        now.
    43
    44   MR. RAMPTON:  My Lord, easy going as in some respects I have
    45        been in the past, this case has been going on, as your
    46        Lordship said the other day, far too long.  It is at long
    47        last within sight of its end, and I give notice now that if
    48        the allegation should be merely this, that it is asserted
    49        by somebody in Congress that some of McDonald's franchisees
    50        had been cited for violations of child labour laws, I will 
    51        not agree to the amendment. 
    52 
    53        I want Mr. Morris to know that, so that he thinks very
    54        carefully, when one has regard to the terms of the leaflet,
    55        what allegation can actually be forced out of that context.
    56
    57   MR. JUSTICE BELL:  I am inviting you, Mr. Morris, to give it a
    58        bit of thought and write down what you say it all means,
    59        just in half a dozen lines.
    60

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