Day 108 - 27 Mar 95 - Page 09

     
     1   MR. RAMPTON:  My Lord, I have the abstract here,
     2
     3   MR. JUSTICE BELL:  I have the admission but can you refer me to
     4        the ----
     5
     6   MR. RAMPTON:  The only reference to battery chickens is on page
     7        5 of tab 6.
     8
     9   MR. JUSTICE BELL:  I am having difficulty hearing you, Mr.
    10        Rampton.
    11
    12   MR. RAMPTON:  I am sorry, my Lord.  Page of tab 6 is the only
    13        reference to battery chickens in the pleading, and that
    14        allegation has been admitted in full to the effect that:
    15        "McDonald's uses eggs supplied by oasters who keep
    16        chickens in battery cages where the chickens have no
    17        freedom of movement, no access to fresh air and/or
    18        sunshine".  I merely enquire how long we are going to spend
    19        on battery chickens against that background?
    20
    MR. JUSTICE BELL:  It is not just a matter of time; it is what
    22        you are aiming at so far as the battery hens are concerned,
    23        because the statement of Mrs. Druce in July 1993 deals with
    24        broilers.
    25
    26   MR. RAMPTON:  My Lord, precisely so did the evidence.
    27
    28   MR. JUSTICE BELL:  I am sorry, I am speaking to Ms. Steel at the
    29        moment.
    30
    31   MR. RAMPTON:  I am sorry, my Lord.  There is nothing about
    32        battery chickens in the statement.
    33
    34   MR. JUSTICE BELL:  The allegation which you have pleaded, so far
    35        as battery chickens is concerned, is the one which
    36        Mr. Rampton has identified.  The three factors I have taken
    37        from it is the keeping them in battery cages themselves,
    38        lack of freedom of movement, and no access to fresh air and
    39        sunshine.  I have read "fresh air" wherever I have read it
    40        as meaning "open air" rather than any other meaning.  That
         is admitted, so your point on fact is made and it is then a
    42        question of argument for you or Mr. Morris in due course as
    43        to where that takes us in relation to the leaflet.
    44
    45        What I really want to know is what it is further which you
    46        are looking for now, because it obviously is not pleaded
    47        and, insofar as Mrs. Druce is concerned, it is not, so far
    48        as I can see at the moment, subject to anything you wish to
    49        say, a matter which is pleaded by virtue of her statement.
    50 
    51   MS. STEEL:  Right.  Firstly in terms of ----- 
    52 
    53   MR. JUSTICE BELL:  By all means stand up if you want to.  You
    54        are not being called on to say anything, Mrs. Druce, for
    55        the moment.
    56
    57   MS. STEEL:  In terms of what is said in the leaflet, actually
    58        what the Plaintiffs have admitted is enough for that
    59        anyway, so I do not know why they do not just withdraw the
    60        whole complaint about what the leaflet says.  But beyond