Day 158 - 19 Jul 95 - Page 36


     
     1
     2   MR. MORRIS:  It is a particular, really -- I recognise that the
     3        first sentence or phrase, whatever, incorporates the
     4        second, but it is a particular.  I mean it is like an -----
     5
     6   MR. JUSTICE BELL:  What are you getting at?  Tell me what you
     7        have in mind in relation to the second half because that is
     8        the only part that Mr. Rampton objects to.
     9
    10   MR. MORRIS:  Yes.  It is the UK situation of the import of beef
    11        in direct contravention of the edict from the highest level
    12        not to do such.
    13
    14   MR. JUSTICE BELL:  Why do you not say, just go on after
    15        "regions" put a full stop and say:  "The Second Plaintiff
    16        has acted in direct contradiction to the First Plaintiff's
    17        expressed policy", or something like that?  Then, in due
    18        course, we will hear whether Mr. Rampton has an objection
    19        to that, if that is what you are getting at.
    20
    21   MR. RAMPTON:  My Lord, I have no objection.  The question I will
    22        ask your Lordship in due course is, so what, but I do not
    23        mind it as a pleading.
    24
    25   MR. JUSTICE BELL:  That may be.
    26
    27   MR. MORRIS:  We have no objection to that.  The thing is -----
    28
    29   MR. JUSTICE BELL:  What I have written down -- I will read it
    30        back to you so you can think whether it does cover what you
    31        had in mind -- "The Second Plaintiff has acted in direct
    32        contravention of the First Plaintiff's expressed policy".
    33
    34   MR. MORRIS:  Yes, the only thing -----
    35
    36   MR. JUSTICE BELL:  I am not trying to railroad you into it.
    37        I am just saying, does that cover what you had in mind when
    38        you did your draft?
    39
    40   MR. MORRIS:  It is stronger than just policy, because it is
    41        actually a claimed edict, which an edict may be the same as
    42        a policy, but McDonald's definition of what they mean by a
    43        policy and guidelines and rules and edicts seems to be
    44        pretty flexible when it suits them.
    45
    46   MR. JUSTICE BELL:  I do not suppose anyone is going to fall out
    47        about one word like that.
    48
    49   MR. MORRIS:  No.
    50 
    51   MR. JUSTICE BELL:  They may fall out about one word in ----- 
    52 
    53   MR. RAMPTON:  Why not add the word "stated policy"?
    54
    55   MR. JUSTICE BELL:  I put an "expressed" with an "ed" on the end
    56        which is the same.  "The Second Plaintiff has acted in
    57        direct contravention of the First Plaintiff's expressed" --
    58        that is with an "ed" on the end -- policy.
    59
    60   MR. MORRIS:  The only thing is that it is our quite reasonable

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