Day 062 - 06 Dec 94 - Page 65


     
     1        sheets.
     2
     3   MR. RAMPTON:  No, my Lord, I am sorry.  I am not going consent
     4        to that without a formal legal argument.  I am not going to
     5        allow Mr. Van Erp -----
     6
     7   MR. JUSTICE BELL:  Right.  Put that on the list of the items we
     8        have got to deal with.   Let us carry on with Mr. Van Erp.
     9
    10   MR. RAMPTON:  Let Mr. Van Erp do his summary, if I may suggest
    11        it, and see where we get to.
    12
    13   MR. JUSTICE BELL:  If need be, we can have that as part of the
    14        argument whether in the first instance it should be a
    15        summary and I should reserve the documentation.
    16
    17   MR. MORRIS:  It is not because of our desire to bring lots of
    18        documents -----
    19
    20   MR. JUSTICE BELL:  No, I think ready for the argument I would
    21        like you to sketch out an argument of just where the
    22        figures take you at the end of the day; that is the point.
    23
    24   MR. MORRIS:  Certainly we can do that.
    25
    26   MR. JUSTICE BELL:  Because if it is up a gum tree it is not
    27        going to be worth it.  If it is going to be productive,
    28        then certainly it may be worth it.
    29
    30   MR. MORRIS:  It is very simple to us, the use of corrugated
    31        paper is very extensive.
    32
    33   MR. JUSTICE BELL:  Yes, do not do it now.  Let us carry on with
    34        Mr. Van Erp.  All I am saying is prepare an argument as to
    35        the relevance and, therefore, the importance of this
    36        information, not a long one, but think about what you are
    37        going to say about that.
    38
    39   MR. MORRIS:  Yes.
    40
    41   MR. RAMPTON:  My Lord, it is not the use of corrugated paper, it
    42        is the distinction between post-industrial and
    43        post-consumer that the Defendants need to concentrate on
    44        which they have not so far done, as far as I am concerned.
    45
    46   MR. JUSTICE BELL:  What is the importance of knowing what
    47        percentage is PI and what percentage is PC of the recycled
    48        percentage in the corrugated transport boxes?
    49
    50   MR. MORRIS:  I thought that was dealt by reference to McDonald's 
    51        own documents. 
    52 
    53   MR. JUSTICE BELL:  If it is, there is no need to have this, but
    54        that is what you have to focus on, to show that these
    55        documents are worth having.
    56
    57   MR. MORRIS:  Yes, but the relevance of the post-industrial
    58        versus post-consumer content, I thought was accepted by the
    59        McDonald's Corporation in their own documents.
    60

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