Day 313 - 13 Dec 96 - Page 59
1 inequality of arms the question would still be: are the
2 circumstances such that justice cannot be done in the
3 case?
4
5 MR. RAMPTON: But applying English rather than European
6 principles to that to be answering that question. And I do
7 remind your Lordship, and we will get the authorities, both
8 Mr. Atkinson and I have it. It is a decision of the
9 Commission, so it is hardly an authority, rather than a
10 court. I do remind your Lordship that the Defendant
11 application to the European court for a declaration to the
12 effect that the refusal of the English system to provide
13 them with legal aid, which was based in large part on the
14 equality of arms argument, was rejected.
15
16 MR. JUSTICE BELL: What I would like, if a copy of that
17 decision-- which, as I said this morning, is in the papers
18 somewhere, and indeed I read it a long time ago -- could be
19 sent to me under a bare covering letter.
20
21 MR. RAMPTON: Yes.
22
23 MR. JUSTICE BELL: If Mrs. Brinley-Codd then just sends a copy of
24 her covering letter to the Defendants.
25
26 MR. RAMPTON: Yes.
27
28 MR. JUSTICE BELL: Presumably you have a copy somewhere.
29
30 MR. RAMPTON: I do not know where it came from, actually, but we
31 will sort that before very much of next week has gone post
32 past.
33
34 The only other thing I was going to mention is this, and it
35 is perhaps necessary to make it clear. I would certainly
36 accept that after the agreement, the settlement, with
37 Veggies had been reached, McDonald's were not able to claim
38 damages against Veggies for further distribution of
39 material which is the subject of this action. Plainly,
40 because there had been an accord of satisfactions, but that
41 is as far as that point runs. One is entitled to sue who
42 one wants. In particular reflecting the facts of this
43 case, McDonald's were entitled to sue the people that they
44 perceived were originally and principally responsible for
45 putting this poison into the system.
46
47 MR. JUSTICE BELL: Yes.
48
49 MR. RAMPTON: My Lord, I have no further points.
50
51 MR. JUSTICE BELL: No. Thank you. The situation now is this:
52 Ms. Steel and Mr. Morris, you have until one o'clock --
53 because I have to put a deadline however arbitrary it may
54 seem, upon it. You have until one o'clock next Wednesday
55 to get into Mr. Glen's hands and Mrs. Brinley-Codd's hands
56 any further submissions by way of references to the
57 evidence on matters of fact. I will not go into that
58 again, we have dealt with it before. If you do not do
59 that, for whatever reason, then the hearing, subject to my
60 judgment, ends today. If you do do that, I will come back
