Day 146 - 03 Jul 95 - Page 23
1
2 MR. RAMPTON: That is all I have to say about that topic. The
3 next two, the last two topics, on our agenda are
4 Mr. Atkinson's. I will ask him to take over now unless
5 your Lordship -- no, there are some other things. I am
6 sorry.
7
8 MR. MORRIS: Can we have a couple of minutes to finish off some
9 notes?
10
11 MR. JUSTICE BELL: Yes, just pause a moment. When Mr. Rampton
12 has finished and Mr. Atkinson has finished I will give you
13 the choice of the order in which you take things. You can
14 either start by replying to Mr. Rampton's applications, or
15 you can start by arguing your own applications and going on
16 to answer Mr. Rampton's applications. Then Mr. Rampton
17 will have, or Mr. Atkinson will have, the opportunity to
18 speak in reply to your response to his applications and to
19 answer your applications and then, very finally, I will
20 give you a chance to respond to his answer to your
21 applications.
22
23 It is not as complicated as it sounds, but what I am saying
24 is you can answer what Mr. Rampton has said or you can
25 launch into your own applications and then come back to
26 answer what he has said.
27
28 MR. RAMPTON: My Lord, a couple of other small things that
29 Mrs. Brinley-Codd has reminded me I need to deal with, or
30 perhaps just to mention at this stage. Last week, I think
31 it was, the Defendants handed in some kind of purported
32 service; first of all, a statement from your Lordship's
33 covenantee, Mr. Secret of Friends of the Earth. The only
34 thing I would say about that is that it is very stale; it
35 is dated 20th March 1995. That is the date on the bottom
36 by the signature, so there cannot be any doubt about the
37 date it was signed.
38
39 I believe that we are owed an explanation why we have not
40 had it beforehand. It does not mean that I object to
41 Mr. Secret giving evidence. I should love to see him here,
42 but I do believe that we are entitled to an explanation for
43 that kind of, what shall I say -- I will not use the word
44 "secretion" because that would be a bad pun.
45
46 MR. JUSTICE BELL: It would be an explanation, but it is not as
47 if it is a disclosable document; it would be an explanation
48 that Ms. Steel and Mr. Morris were wondering whether they
49 wanted to call him or not.
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51 MR. RAMPTON: Certainly. Then, my Lord, one looks at the next
52 document which was a computer printout of what I suppose
53 are newspaper extracts which is supposed to relate to some
54 food violations, I think in the United States, including in
55 some cases McDonald's.
56
57 My Lord, this I do object to for two reasons. The first
58 reason is that it is far too late. One sees that the date
59 on the top of the document in its left-hand corner is even
60 earlier than Mr. Secret's date. It is 8th March 1995,
