Day 073 - 13 Jan 95 - Page 20


     
     1        while he does it -- a statement which I have said I do not
     2        challenge in its factual and expert details.  I have made
     3        it clear why I do not challenge it.
     4
     5   MR. JUSTICE BELL:  Let us take stock at the moment.  When
     6        Mr. Rampton called Mr. Mallinson he asked him to aver his
     7        statement in its revised form as part of his
     8        evidence-in-chief.  That was, effectively, that, because he
     9        asked him very little, if any, other questions.
    10
    11        That was extended, I think, on the morning of the second
    12        day when -- I think that was the 28th November -- on the
    13        30th November because in between we had an argument on an
    14        amendment.  That was extended by Mr. Mallinson referring to
    15        an addendum which was about three pages long, part of which
    16        came from Mr. Thomson -- I think that was his name -- and
    17        we had an argument about admissibility on that, or a
    18        discussion, and part of which were conclusions which he had
    19        drawn.
    20
    21        During your cross-examination I took him through various
    22        parts of those statements so that I could understand his
    23        arithmetic and calculations and the reasoning behind it.
    24        So, I suppose that might be treated as elaboration of his
    25        evidence-in-chief, although most of the questions came from
    26        me.  You have done the same, in effect, by having
    27        Mr. Hopkins aver his statements.  In so far as
    28        Mr. Mallinson averred his statement, McDonald's moved a
    29        pawn forward on the board.
    30
    31   MR. MORRIS:  We have moved another pawn.
    32
    33   MR. JUSTICE BELL:  Now you have moved your pawn forward on the
    34        board.  What you really have to think is once that has
    35        happened, what do you really have to concentrate on ----
    36
    37   MR. MORRIS:  I understand.
    38
    39   MR. JUSTICE BELL:  -- which goes to an issue in the case.  The
    40        references I have got to McDonald's -- there may be more --
    41        paragraph 2.11.5 -- perhaps you would write them down?
    42
    43   MR. MORRIS:  I did note them.
    44
    45   MR. JUSTICE BELL:  Write them down on a bit of paper anyway.
    46        2.11.7, 2.11.8 and 3.5.4, although, in fact, it comes after
    47        -- the numbering may have gone a bit wrong, but that does
    48        not matter.
    49
    50   MR. MORRIS:  Page 12. 
    51 
    52   MR. JUSTICE BELL:  3.5.4 on page 12.  There are then the 
    53        following references -- again, there may be other similar
    54        ones of similar effect, but here are some which I have
    55        selected:  6.10.2 on page 23; "Paper products sourced from
    56        Scottish forests thus have an adverse effect on the
    57        environment".
    58
    59        In so far as you may be able to argue, without pointing at
    60        any particular part of any particular forest, that on

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