Day 158 - 19 Jul 95 - Page 47
1 look at 4(e), which was the meanings -----
2
3 MS. STEEL: I do not think we have them. I do not know whether
4 anybody has a spare copy?
5
6 MR. RAMPTON: Passage (b), I think that is to do with using land
7 for crops such as soya. In fact, your Lordship did decide
8 the thing on the basis that no reasonable jury could think
9 that what was pleaded supported what was alleged in the
10 leaflet. So that is absolutely right. That is at (d) on
11 page 5. Your Lordship stated that what, in your view, any
12 reasonable jury would have to find the meaning was of (e)
13 and (f), which is the meaning I think I have just proposed.
14
15 MR. JUSTICE BELL: I said at 6C that you were correct, in my
16 view, in so as far as the first part of passage 12 -- which
17 I do not have highlighted any longer -- "seems to put
18 forward a justifiable meaning for parts (a), (c) and (d) of
19 the leaflet, since, in my view, the only meaning which
20 those parts could possibly bear is an allegation of direct
21 destruction of the rain forest and direct eviction of
22 indigenous farmers by the Plaintiffs, among others, as I
23 have already said" -- which is really the argument you have
24 just put to me.
25
26 MR. RAMPTON: It is, yes. In the light of that, clearly, we
27 must accept blame for not having thought about it more
28 carefully when the case came back from the Court of Appeal,
29 because that part of your Lordship's judgment is quite
30 untouched by what the Court of Appeal said, so we missed an
31 opportunity.
32
33 My Lord, I still say -- and I will only say it once more --
34 that I do not believe that, in logic, that prevents me from
35 taking the point now in relation to this proposed new
36 pleading.
37
38 MR. JUSTICE BELL: No. I do not think it does in logic, because
39 you can say at any stage: "Well, whether it would have been
40 all right in November 1993, now we are two-thirds way
41 through the trial." I appreciate that. But what troubles
42 me is whether, late though it may be -- let us say it was
43 two or three months ago, because notice was given then;
44 I know it has taken Mr. Morris till now to feel he is ready
45 to argue it, so you could say that that is his
46 responsibility, not yours.
47
48 MR. RAMPTON: I cannot make the applications.
49
50 MR. JUSTICE BELL: But is there -- well I have already put it to
51 you.
52
53 MR. RAMPTON: There is this inconsistency in our conduct of the
54 case, that we are making an application in relation to a
55 new pleading -- well, it is not even a new pleading -- a
56 proposed pleading which we could have made in relation to
57 one of the existing -----
58
59 MR. JUSTICE BELL: Which already exists, yes.
60
