Day 083 - 06 Feb 95 - Page 42


     
     1        within Brazil" which turns out not to have been true as a
     2        policy.  But the point I am saying is that we can show
     3        evidence to that effect, that they have more than 50 stores
     4        in Brazil that used Brazilian beef, which is similar to the
     5        situation in Costa Rica in terms of the impact is still
     6        relevant within the country as it is in terms of exports.
     7
     8        There are two distinct issues.  There is the sources of the
     9        beef in terms of whether it is ex-rainforest and, secondly,
    10        if it is not ex-rainforest, whether it is having an impact
    11        in that country of which exports are a very important
    12        impact because of the volume related to the country.
    13
    14   MR. JUSTICE BELL:  What I think you should do, if you want to
    15        pursue the hare which I have started, I think you again,
    16        because there is a purpose in pleading whenever we come
    17        across an issue like this which is not just accepted to go
    18        in, it is the same as the BSE, to get to grips with what
    19        your actual allegation is, if you were allowed to make it
    20        by way of pleading.  See whether it is right that I should
    21        give you leave to add that and then see what, if any,
    22        discovery should be ordered in relation to any allegation
    23        which is made.  One has, obviously, a fair recall of a lot
    24        of the evidence, but I certainly I do not have instant
    25        recall of what every witness has said with regard to items
    26        such as that.
    27
    28        This is going to come back to the boil, if I understand it
    29        correctly, when Mr. Cesca gives evidence.  How far ahead is
    30        he, Mr. Rampton, just very roughly?
    31
    32   MR. RAMPTON:  I would have to look at my chart briefly.  I am
    33        looking at what I call the interrorem chart.  I say that
    34        because it struck fair into my heart when I saw it.
    35        Sometime in July, that is if the employment witnesses run
    36        their length.  I have quite a lot to say about that too,
    37        I am afraid, in the light of some research that has been
    38        done over the last few days.
    39
    40   MR. JUSTICE BELL:  I am very conscious that one makes a rod for
    41        one's own back and the parties' back if one keeps putting
    42        things off and over.  If Ms. Steel and Mr. Morris were
    43        represented, I would just say:  "Well, let me have your
    44        amendment in the morning, draft amendment in the morning".
    45
    46   MR. MORRIS:  We can do it within a few days.
    47
    48   MR. RAMPTON:  My Lord, this is not one I am going to -- I have
    49        been, I hope, as untechnical as I have been able to be
    50        throughout this case but this is not one that I am going 
    51        to let go. 
    52 
    53   MR. JUSTICE BELL:  No, I am not asking you to let go.  I have
    54        raised it and I am conscious that it has taken a fair bite
    55        out of today as a result of raising it.  Can it, without
    56        prejudice, that is, without difficulty so far as witnesses
    57        who are about to crop up, be left over for a while?
    58
    59   MR. RAMPTON:  Yes, of course it can.  All I would say is, what
    60        I meant to say when I started out on that sentence, let

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