Day 087 - 10 Feb 95 - Page 36
1 suppliers' documentation, having given my ruling on,
2 I think it was, Tuesday morning about that, I left open
3 that. Let me just read my note in case it helps you.
4
5 It is the document in pink VIII, tab A1 or the
6 documentation there, and there were two loose ends after my
7 ruling. The first was to identify with some precision
8 which documents you were calling for and from whom. Then
9 we had any further argument on whether they were in the
10 power of either the First or second Plaintiff, and any
11 further argument on whether they were relevant and any
12 further argument on whether it was necessary to produce
13 them for inspection and copying for the fair disposal of
14 the action or saving costs.
15
16 So, it is quite right there is a loose end, but I was not
17 only giving you the opportunity to say more, I was urging
18 you to say more about that and then Mr. Rampton might well
19 want to reply.
20
21 The map of Brazil you have had an answer on. I raised the
22 question of Brazilian beef documentation and Mr. Rampton
23 had something to say about that. One loose end I remember
24 there was that you said whatever might be said about
25 exports of beef from Brazil, beef was clearly supplied, you
26 said, from Brazil to McDonald's restaurants in Brazil. So,
27 I was giving you the opportunity to ---
28
29 MR. MORRIS: To amend.
30
31 MR. JUSTICE BELL: -- say what more you wanted to say about that
32 and, particularly, what documents you thought might be
33 where and in whose hands.
34
35 MR. MORRIS: Right, and to seek leave to amend the pleadings to
36 include Brazil so that you know what our case is. I think
37 that is what you said as well.
38
39 MR. JUSTICE BELL: Yes. If you want to set down what your case
40 is there because, although I raised the point, I am not
41 minded at the moment to contemplate discovery concerning
42 any exports which there may have been, apart from the 80
43 tonnes, but was giving you the opportunity to argue a case
44 for further discovery on the basis that Brazilian beef has
45 or may have been supplied to Brazilian McDonald's and
46 discovery as to where that came from.
47
48 MR. MORRIS: I just feel that it is -- obviously, we have not
49 finalised that but we have drafted a pleading for Brazil.
50
51 MR. JUSTICE BELL: I mean, I am wondering -- as I say, it is not
52 for me to prepare your case -- one would not normally dream
53 of doing this, it is only because you are representing
54 yourself, whether if I produced a note for the parties of
55 where I think there is a loose end upon or a topic which
56 has so far been raised upon which I have got to make an
57 order or direction unless it is agreed between you. These
58 topics may include all of the points Mr. Rampton has noted
59 that he wants to reply on; there may be more.
60
