Day 052 - 21 Nov 94 - Page 49


     
     1        matter, will want to see justice done, so that if at the
     2        end of all that your Lordship felt that it was necessary to
     3        re-embark on this issue to some limited extent so that it
     4        could never be said by the Defendants hereafter, whether in
     5        the Court of Appeal or in the public forum, that they had
     6        not had a fair trial, why then, however it may cost my
     7        clients in time and money, I will assent to that course and
     8        your Lordship will not hear any word of dissent from me.
     9
    10        I do submit that it is not necessary, that the
    11        cross-examination of my witnesses by the Defendants plainly
    12        shows they knew what the issue was, and that it is entirely
    13        open to your Lordship to say: "No, they have had their
    14        chance, they knew what it was.  I do not believe them when
    15        they say they are taken by surprise, and they shall not
    16        have another go".  But if your Lordship took the opposite
    17        view and decided that in justice and for the sake of wisdom
    18        and prudence it was necessary to let them have another go,
    19        well, then so be it.
    20
    21        My Lord, I do not know there is anything more I need to say
    22        about 4F.  As to 4L perhaps the problem really is not very
    23        difficult.  The Plaintiffs called some of their evidence on
    24        rearing and slaughter.  The Defendants have, if I may say
    25        so, through Ms. Steel cross-examined Dr. Gregory very
    26        thoroughly and, your Lordship may feel, to some effect.
    27        There are some more Plaintiffs' witnesses to come on
    28        rearing and slaughter.  We have now pinned our colours to
    29        the mast so far as rearing and slaughter is concerned.  We
    30        make complaint about factual allegations in the leaflet
    31        which we say are plainly false.  The Defendants have the
    32        opportunity to cross-examine those witnesses of fact,
    33        because they are the witnesses that come from the actual
    34        establishments that keep and kill the animals, to their
    35        hearts content.  Following that the Defendants can call
    36        their own witnesses on rearing and slaughter to address, if
    37        they wish to do so, the Plaintiffs' complaint as now
    38        framed, if your Lordship gives leave, or else address to
    39        some lesser injurious meaning which the Defendants contend
    40        the words complained of are capable of bearing.  With
    41        respect to them, 4L does not present any kind of problem
    42        whatsoever.
    43
    44        They have the disadvantage, but this is a permanent
    45        disadvantage which this amendment does not affect in the
    46        least bit, that McDonald's suppliers are, for perfectly
    47        good reasons of their own, unwilling to allow the
    48        Defendants' experts on to their premises.  There is nothing
    49        I can do about that, so perforce the Defendants' witnesses
    50        will have to speak from generalities.  But there it is. 
    51        They can cross-examine my clients' suppliers -- I do not 
    52        like to use expression 'until the cows come home', but 
    53        there is it is.
    54
    55        My Lord, might I while on my feet, or would your Lordship
    56        prefer me now to sit down, deal with the question of what
    57        the Defendants should now, as we submit, be ordered to say
    58        about the nature of their defence.
    59
    60   MR. JUSTICE BELL:  I think what would I do is give you an

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