Day 164 - 26 Sep 95 - Page 49


     
     1        Son Limited v. F.E.R. Dixson & Son Limited [1974] 1 WLR at
     2        1125.  I have to say I thought there was a more recent
     3        authority in the Court of Appeal as well which I think goes
     4        by the name of Thorne.  If your Lordship would wish it ----
     5
     6   MR. JUSTICE BELL:  Thorne?
     7
     8   MR. RAMPTON:  Thorne.  If your Lordship should wish it I will
     9        find that authority before tomorrow or else tell your
    10        Lordship what my recollection is of Thorne.
    11
    12   MR. JUSTICE BELL:  Yes, I think it would be as well.
    13
    14   MR. RAMPTON:  Then I will do so.
    15
    16   MR. JUSTICE BELL:  What about the point that is suggested that
    17        part of McDonald's case is that a large part of London
    18        Greenpeace's activities involved McDonald's?  Is that so or
    19        not so, or is to be refined, that it is a large part of the
    20        Defendants' activities and you say all their activities are
    21        there in the notes or their contributions?
    22
    23   MR. RAMPTON:  Yes.  Everything we know everything from these
    24        investigators that the Defendants did in or in relation to,
    25        by way of direct or indirect participation in the
    26        activities of this group, are in these notes.
    27
    28   MR. JUSTICE BELL:  But is it part of your case that it is a
    29        large part of London Greenpeace's activities?
    30
    31   MR. RAMPTON:  It is our case that it was at one time and that,
    32        as the notes themselves show by reference to McDonald's,
    33        the group's interests in McDonald's somewhat waned, mostly
    34        I think because of the Poll Tax issue but also because they
    35        thought they would concentrate on other targets, including
    36        the World Bank, waned for a time and then, of course, as we
    37        all know now, became acutely excited by the efforts in this
    38        case.
    39
    40   MR. JUSTICE BELL:  If I remember correctly, if it is accurate,
    41        there was some indication of some loss of interest by
    42        Mr. Morris in McDonald's.
    43
    44   MR. RAMPTON:  That also.  Mr. Morris, according to these notes
    45        and I do not know what the truth is ----
    46
    47   MR. JUSTICE BELL:  He seems to be somewhat stirred again by the
    48        advent of the trial.
    49
    50   MR. RAMPTON:  That is right. The notes themselves show that Mr. 
    51        Morris lost some interest in McDonald's after the 1989 
    52        McDonald's fair, partly because he became obsessed with the 
    53        Poll Tax issue and partly because of his own personal
    54        domestic difficulties.   That is what the notes tell us.
    55        Whether that is true or not we will see in due course.
    56        What the notes themselves show is somewhat of a decline in
    57        McDonald's as the number one or number two focus of the
    58        group's activities.
    59
    60        In any event, as Mr. Atkinson rightly points out, on a

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