Day 064 - 08 Dec 94 - Page 30
1
2 Q. Is it not a fact that in order to apply for intervention
3 beef, you have to actually buy some Brazilian beef; is that
4 correct?
5 A. No. You can apply for intervention beef without buying
6 Brazilian beef.
7
8 Q. I am sorry. I mean the balance sheet beef which you
9 purchased at that time gave you right to buy the cheaper
10 intervention beef stored in Europe, is that correct? That
11 was a prerequisite, I believe?
12 A. No, it was not a prerequisite. We would have had
13 access to intervention beef anyway, as we have had
14 subsequently when from time to time it is available. The
15 balance sheet beef was a special import scheme that we were
16 allowed access to at that time.
17
18 Q. It might be useful to go to -----
19
20 MR. JUSTICE BELL: Can we put that one away or do you want to
21 keep that on one side?
22
23 MR. MORRIS: Keep that on one side, I think, having gone into
24 this. The letters that were disclosed by the Plaintiffs:
25 I think, if you remember before, we were worried that they
26 had not been put in the trial bundle.
27
28 MR. RAMPTON: My Lord, of course they had not. Would Mr. Morris
29 mind retiring for a moment while I make an objection? Your
30 Lordship may remember that we, by mistake, disclosed some
31 privileged documents. He has got them. We have written
32 asking for their return. The Defendants have refused to
33 return them. It is quite obvious why they are not in the
34 bundle. They are, in fact, draft letters by a partner in
35 Barlow Lyde & Gilbert on behalf of McDonald's touching upon
36 a matter possibly of complicated litigation.
37
38 There was to have been an argument at some stage (which we
39 have not had before your Lordship yet) what is the status
40 of a privileged document which is disclosed in error by a
41 party? Can it be referred to in court? Is there an
42 obligation on the party who receives it to return it
43 without more ado? That is not an argument we have had
44 yet. Until that argument is had and your Lordship has made
45 a ruling, I must register an objection to their use in
46 court. If necessary, I shall seek an order for their
47 return.
48
49 MS. STEEL: I have not got the papers on me but I did research
50 this at this time and, as I understand it, if a party
51 discloses a document by accident, and the other party reads
52 it, not knowing that they should not have seen it, then
53 there is nothing that the Plaintiffs can do about it, and
54 that is that. We are entitled to use it, because otherwise
55 it would prejudice our presentation of our case because we
56 would not be allowed -----
57
58 MR. JUSTICE BELL: But we have to have a proper hearing into
59 that matter ---
60
