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
