Day 087 - 10 Feb 95 - Page 36


     
     1        suppliers' documentation, having given my ruling on,
     2        I think it was, Tuesday morning about that, I left open
     3        that.  Let me just read my note in case it helps you.
     4
     5        It is the document in pink VIII, tab A1 or the
     6        documentation there, and there were two loose ends after my
     7        ruling.  The first was to identify with some precision
     8        which documents you were calling for and from whom.  Then
     9        we had any further argument on whether they were in the
    10        power of either the First or second Plaintiff, and any
    11        further argument on whether they were relevant and any
    12        further argument on whether it was necessary to produce
    13        them for inspection and copying for the fair disposal of
    14        the action or saving costs.
    15
    16        So, it is quite right there is a loose end, but I was not
    17        only giving you the opportunity to say more, I was urging
    18        you to say more about that and then Mr. Rampton might well
    19        want to reply.
    20
    21        The map of Brazil you have had an answer on.  I raised the
    22        question of Brazilian beef documentation and Mr. Rampton
    23        had something to say about that.  One loose end I remember
    24        there was that you said whatever might be said about
    25        exports of beef from Brazil, beef was clearly supplied, you
    26        said, from Brazil to McDonald's restaurants in Brazil.  So,
    27        I was giving you the opportunity to ---
    28
    29   MR. MORRIS:  To amend.
    30
    31   MR. JUSTICE BELL:  -- say what more you wanted to say about that
    32        and, particularly, what documents you thought might be
    33        where and in whose hands.
    34
    35   MR. MORRIS:  Right, and to seek leave to amend the pleadings to
    36        include Brazil so that you know what our case is.  I think
    37        that is what you said as well.
    38
    39   MR. JUSTICE BELL:  Yes.  If you want to set down what your case
    40        is there because, although I raised the point, I am not
    41        minded at the moment to contemplate discovery concerning
    42        any exports which there may have been, apart from the 80
    43        tonnes, but was giving you the opportunity to argue a case
    44        for further discovery on the basis that Brazilian beef has
    45        or may have been supplied to Brazilian McDonald's and
    46        discovery as to where that came from.
    47
    48   MR. MORRIS:  I just feel that it is -- obviously, we have not
    49        finalised that but we have drafted a pleading for Brazil.
    50 
    51   MR. JUSTICE BELL:  I mean, I am wondering -- as I say, it is not 
    52        for me to prepare your case -- one would not normally dream 
    53        of doing this, it is only because you are representing
    54        yourself, whether if I produced a note for the parties of
    55        where I think there is a loose end upon or a topic which
    56        has so far been raised upon which I have got to make an
    57        order or direction unless it is agreed between you.  These
    58        topics may include all of the points Mr. Rampton has noted
    59        that he wants to reply on; there may be more.
    60

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