Day 111 - 30 Mar 95 - Page 02

     
     1                                      Thursday, 30th March 1995.
     2
     3   MR. JUSTICE BELL:  Mr. Morris, I will address you while
     4        Ms. Steel is making her enquiry.  The place where I made
     5        the comments about what you needed to do before you pursued
     6        your application to amend your Particulars of Justification
     7        and Fair Comment in the respects set out in the first five
     8        paragraphs of your draft amendment which related to the
     9        environment, and particularly Brazil, both beef and soya,
    10        was 3rd March, page 70, line 45, to page 72, line 37.
    11
    12        It would help if you refresh your memory of what Neill LJ
    13        said on 25th March last year in his judgment, particularly
    14        at page 12D to 13B.  In summary, what you have to be ready
    15        with is an account of what grounds you say you have for
    16        supposing that you will be able to produce sufficient
    17        evidence that McDonald's beef has come from cattle grazed
    18        on rainforest land.  Neill LJ was obviously talking about
    19        the situation before we started the trial but remind
    20        yourself of the test which he set out.
    21
    22        In so far as you wish to return to the question of
    23        discovery of any documentation in relation to soya used in
    24        Germany at the same time, because parts of proposed
    25        amendments 1 to 5 relate to Brazilian soya as well,
    26        I suggest you remind yourself of my ruling on 27th February
    27        1995, particularly from page 13C onwards, and then what
    28        I said after you had argued the matter further in my ruling
    29        on 7th March.  They are individual rulings separate from
    30        the daily transcript.
    31
    32   MR. MORRIS:  Right.
    33
    34   MR. JUSTICE BELL:  I am not asking for any comment now, but
    35        I suggest you remind yourself of those parts before you
    36        decide when you want to raise the matter again.
    37
    38   MR. MORRIS:  Thank you very much for pointing that out.  If we
    39        can call our witness?
    40
    MR. JUSTICE BELL:  Yes.
    42
    43                      MS MARJA LIISA HOVI, sworn.
    44                       Examined by the Defendants.
    45
    46   MR. MORRIS:  Can you speak loud and clear and slowly?
    47        A.  Yes.
    48
    49   Q.   That is not amplifying your voice, the microphone; it is
    50        just a recording of what you are saying.  Can you give the 
    51        court your full name and address? 
    52        A.  My name is Marja Liisa Hovi.  My address is 11 Palmer 
    53        Park Avenue in Reading.
    54
    55   Q.   You will have to speak more slowly than that, I think.
    56        A.  All right.
    57
    58   MR. JUSTICE BELL:  Take it slowly and speak up loud and clear.
    59
    60   THE WITNESS:  My address is 11 Palmer Park Avenue in Reading.