Day 096 - 03 Mar 95 - Page 72
1
2 So, for instance, quite apart from any argument which
3 Mr. Rampton may raise, you must expect me to ask what
4 reasonable evidence you have to support the contention that
5 Brazilian beef going to McDonald's restaurants in Brazil
6 originated from cattle raised on ex-rainforest land, or
7 what reasonable grounds you have for supposing that there
8 will be sufficient evidence to prove that allegation.
9
10 You are going to have to refer me to what you rely on.
11 I have only taken that as one example from the various
12 matters which are set out within the red brackets which Mr.
13 Rampton has put on paragraphs (1) to (5), that is, the
14 Destruction of the Environment paragraphs.
15
16 I think I should get on and decide whether to give you
17 leave in relation to paragraphs (1) to (5), or any parts of
18 them but, in the light of me saying that, it may be that
19 you will want to take a bit of time to get yourself
20 together on that.
21
22 MR. MORRIS: That will not be for Monday?
23
24 MR. JUSTICE BELL: That would be a reason for not dealing with
25 those five paragraphs on Monday. Do you follow me?
26
27 MR. MORRIS: Yes.
28
29 MR. JUSTICE BELL: I do not want to start an argument on those
30 five and then find that you are not prepared to give me the
31 chapter and verse which you may require to obtain leave to
32 amend. So, bearing that in mind, I suggest we get on with
33 the other matters which have been mentioned in the last
34 quarter of an hour, apart from the question of amendment to
35 your Defence and Particulars of Justification and Fair
36 Comment in relation to Destruction of the Environment. Do
37 you understand?
38
39 MR. MORRIS: Yes. Could I just say on the interrogatory, that
40 was put in interrogatory form in case there was not an
41 existing document that could supply that information
42 because, in fact, that is what you asked the Plaintiffs to
43 do -----
44
45 MR. JUSTICE BELL: At the moment I consider that I have given a
46 sufficient indication in my ruling given on Monday. It is
47 only if Mr. Rampton stood up and said: "We are not content
48 with an indication; we wish you to order one way or
49 another" that I would consider it appropriate to reopen
50 that.
51
52 MR. RAMPTON: Your Lordship made an order which, if we can, we
53 will comply with, namely, if there are lists, we must
54 disclose them and we will. You gave an indication that if
55 we could easily compile such a list, then we should and we
56 will.
57
58 MR. JUSTICE BELL: Yes. You can raise that again on Monday, if
59 you want, but I suggest you read again that part of my
60 ruling which dealt with that to see whether there really is
