Day 242 - 29 Apr 96 - Page 30


     
     1        ground unless you are going to face a counter notice ---
     2
     3   MR. MORRIS:  Right.
     4
     5   MR. JUSTICE BELL:  -- to call her.  The answer is -- let me go
     6        back to this first.  I see.  There you are.  I will put
     7        that in my bundle and I will hear what anyone wants to say
     8        about it in due course
     9
    10   MR. JUSTICE BELL:  It is the penultimate sentence of her
    11        statement.
    12
    13   MR. MORRIS:  Yes.
    14
    15   MR. JUSTICE BELL:  What does that add which is of any
    16        significance, apart from what Mr. Rose has said
    17        Miss Bensilum said?
    18
    19   MR. MORRIS:  It may be thought not to add anything more of
    20        significance, but it was more underlining the point which
    21        we are saying, that McDonald's supplies come mainly from
    22        areas and farms deforested in the 50s and later.  In fact,
    23        the letter of -----
    24
    25   MR. JUSTICE BELL:  She does not say that in that sentence.
    26
    27   MR. MORRIS:  She says, "Most of the farms supplying McDonald's
    28        were established in the 1950s".
    29
    30   MR. JUSTICE BELL:  She appears to say that all of them were
    31        established between the 1920 and 1960, and most of them
    32        were being established in the 1950s.
    33
    34   MR. MORRIS:  Yes.  Our argument is that deforestation will
    35        continue on established ranches in any event.
    36
    37   MR. JUSTICE BELL:  That may be, but that sentence -- I mean, you
    38        must do what you want to do so far as notices are
    39        concerned, but you really have to ask yourself whether that
    40        sentence adds anything to what Mr. Rose has said she says,
    41        and she has not been called to contradict it.
    42
    43   MR. MORRIS:  Right, OK.  We will probably leave it then.
    44
    45   MR. RAMPTON:  My Lord, if the Defendants were to revive their
    46        interest in asking leave to put a Civil Evidence Act notice
    47        on Miss Bensilum's statement, or any part of it, I would on
    48        this rare occasion ask for formal notice, because I would
    49        then earnestly have to consider serving a counter notice.
    50        That having been said, I would then have to consider 
    51        inviting your Lordship to refuse leave at this stage in the 
    52        case. 
    53
    54   MR. JUSTICE BELL:  You must decide what, if anything, you -----
    55
    56   MR. RAMPTON:  But I would ask for a proper notice in this case.
    57
    58   MR. JUSTICE BELL:  If you do put a notice, it must follow the
    59        proper form which is not at all complicated.  You have
    60        plenty of specimens from Barlow Lyde & Gilbert, stating

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