Day 293 - 04 Nov 96 - Page 12


     
     1        behind Mr. Van Erp's statement or something like that, but
     2        the reference for that - do you remember I gave you a
     3        reference the other day in my notebook - if you find it in
     4        due course, it is 34.47.
     5
     6   MR. MORRIS:   Yes.
     7
     8   MR. JUSTICE BELL:  I am not inviting you to look for it now.  I
     9        may find it perfectly easily.
    10
    11   MR. MORRIS:   Yes.  Anyway, we have made our points on it.  If
    12        the Plaintiffs want to challenge it, they can, as they have
    13        the advantage of being able to react to our submissions.
    14
    15        There was another document added to it, which, I think, as
    16        part of that documentation it had a document saying, point
    17        5, legislation banned.  It talked about bans being proposed
    18        in Sweden.  And then it makes the point McDonald's of
    19        Sweden voluntarily, it says here, offered to use the
    20        packaging that the States, which I think is the
    21        governmental authorities, are proposing to use as an
    22        alternative to foam.
    23
    24        And basically, this is the point I am saying, that when
    25        kind of faced with a threat, they tried to leap in and
    26        claim the moral high ground, such as the CFCs and the
    27        Montreal convention.
    28
    29        It ends up with the point:  McDonald's is making the change
    30        to positively position themselves for the future and win
    31        praise from their critics.
    32
    33        That is all I have got on that document.  (Pause)  I will
    34        come on to the USA in a minute.  I am not going to deal
    35        with the USA in any kind of depth, because obviously a lot
    36        of it is very similar to the European situation.  I am
    37        going to move on to the forest cover issue and then go back
    38        to the USA, the general points, and that will be largely
    39        it.  So I should finish today.
    40
    41   MR. JUSTICE BELL:   Yes.
    42
    43   MR. MORRIS:   Now, I was up until 4 o'clock last night trying to
    44        work out exactly the tortuously complicated figures in
    45        Mr. Mallinson's testimony, which is no criticism of him,
    46        because he was rather thrown in the deep end.  And if I go
    47        through the references, first of all, in his evidence and
    48        then I will go to my own document where I have calculated
    49        approximately the forest cover needed to keep McDonald's
    50        supplied in paper each year. 
    51 
    52        Now, on day 56, pages 38 to 45, he begins to deal with the 
    53        issue.  And then on day 58, pages 2 to 15.  And
    54        actually....  (Pause)  There was a document - maybe you
    55        have a copy - that was the famous Terence Mallinson extra
    56        statement.
    57
    58   MR. JUSTICE BELL:  I have addendum to statement by Terence
    59        Mallinson, re McDonald's.
    60

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