Day 148 - 05 Jul 95 - Page 03
1 also our own list. If I can say right at the beginning
2 that, unfortunately, we do not feel ready to make the
3 applications on points 1 and 2. A skeleton is being done
4 for point 2.
5
6 MR. JUSTICE BELL: Let me just -----
7
8 MR. MORRIS: This is our own list.
9
10 MR. JUSTICE BELL: As I have said before, it is entirely up to
11 you when you bring forward. One thing I was going to say,
12 and it particularly relates to 1 to 5 of your previous
13 proposed amendments relating to destruction of the
14 environment and matters relating to Brazil and soya and so
15 on, which are almost entirely objected to by Mr. Rampton on
16 behalf of McDonald's, is that when you deal with those
17 I would also like you to deal with, apply your mind to,
18 what discovery you think you might be entitled to were you
19 to obtain the leave to amend.
20
21 Let me just explain why I say that. What would normally
22 happen is that a matter would be pleaded and then it would
23 be incumbent upon all parties to provide a list of
24 documents which they consider to be relevant to an issue
25 arising out of a pleading. If leave to amend a pleading is
26 obtained after there has been the main discovery in the
27 action -- and discovery in this action has been a
28 continuous process so far as all parties are concerned --
29 then the moment leave to amend is given all parties would
30 have to apply their minds to what, if any, documents they
31 ought to discover. There might be none, there might be a
32 lot, but they would have to apply their minds to it.
33
34 I would not as the judge, having given leave to amend, say
35 you must discover this category of documents if you have it
36 or that category. Discovery would just automatically
37 follow.
38
39 If there was then an issue about whether there had been
40 complete and proper discovery, the party who was
41 dissatisfied with discovery would raise the matter.
42 Normally, they would make what we call an application for
43 specific discovery, but in this case what has happened is
44 that the matter has been raised and dealt with either
45 formally or informally from time to time. That would be
46 the normal procedure.
47
48 If we followed that normal procedure, supposing, let us
49 say, you got leave to amend at about the end of this month,
50 we would not be grappling with any issue about discovery,
51 if there was an issue, until Michaelmas term and,
52 hopefully, we would be getting towards the end of the
53 witnesses by the time that was sorted out and time had been
54 given for any specific discovery which might be ordered.
55
56 MR. MORRIS: I think in many ways the purpose of this pleading
57 is entirely to speed up that process because, effectively,
58 the matters in these pleadings are things that have come
59 out of the evidence in any case in court.
60
