Day 158 - 19 Jul 95 - Page 40


     
     1   MR. MORRIS:  Yes.  I have no problem with your suggestion.    It
     2        is just that I was concerned to say what the thrust of the
     3        first two lines -----
     4
     5   MR. JUSTICE BELL:  Yes.  I think you had better keep your
     6        application as it is with my suggestion as your fall-back
     7        position because you are asking for more than I have
     8        suggested.
     9
    10   MR. MORRIS:  Right.
    11
    12   MR. JUSTICE BELL:  You want to have -- you have called them
    13        national sections of the Company, but I understand what you
    14        mean, no doubt the Plaintiffs, now that it has been aired
    15        understand what you mean, and it is what Mr. Rampton
    16        thought you might mean -- what you want is just you want
    17        leave to plead, in effect, that McDonald's in other
    18        countries, apart from the United Kingdom and the United
    19        States and Brazil, because you have the Brazilian
    20        restaurants, must have taken beef from rain forest regions
    21        for the reasons which you have argued.
    22
    23   MR. MORRIS:  Yes.
    24
    25   MR. JUSTICE BELL:  Whether I go along with that or not, that is
    26        what you are arguing to me.
    27
    28   MR. MORRIS:  Yes.  In the light of that, then I think we have
    29        finished our application.
    30
    31   MR. RAMPTON:  I will take your Lordship in just a moment to
    32        Lord Justice Neill's judgment in the Court of Appeal on
    33        25th March 1994.  Before I do that, may I just quickly
    34        clear up this argument on paragraph 2?
    35
    36        Your Lordship has it entirely right.  If the pleading were
    37        in the form that your Lordship has proposed to Mr. Morris,
    38        I would have no objection to it.  How much significance it
    39        would have, given that on that single occasion Mr. Walker
    40        sought permission of the head of the English company who,
    41        it would appear, was to show Lord Vesty's letter to Fred
    42        Turner in Chicago so as to explain precisely what had
    43        happened in that single case in 1983.  I do not have a
    44        problem with it.
    45
    46        How it is that any reasonable or sane person could build
    47        upon that single rather special event in England in 1983,
    48        the inference that it must have happened in dozens of
    49        countries throughout the world at the same time, I confess,
    50        escapes me. 
    51 
    52        My Lord, the reference for the question of speciality and 
    53        permission is really the letter of 17th May 1983 from
    54        Mr. David Walker -- he gave evidence about this -- which is
    55        in section 4 of tab 5 of yellow XI at pages 12 and 13.
    56        Page 12, which is the first page of the letter, Mr. Walker
    57        writes, which he has confirmed:  "I hasten to add" --
    58        sorry.
    59
    60   MR. MORRIS:  Can we just wait until we try to find the -----

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