Day 303 - 19 Nov 96 - Page 10
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2 MR. RAMPTON: It does not mean that.
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4 MR. MORRIS: Of course it means that, it says it in black and
5 white McDonald's reported the majority of RIDDOR injuries
6 in their sector, in 1989.
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8 MR. JUSTICE BELL: Yes. And they report about several times as
9 many.
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11 MR. MORRIS: Right.
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13 MR. JUSTICE BELL: As other people would, say.
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15 MR. MORRIS: We do not know exactly, if they report exactly.
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17 MR. JUSTICE BELL: No, but it is the same report which is saying
18 that.
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20 MR. MORRIS: It says it has a better level of reporting.
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22 MR. RAMPTON: May be best if I say something about this document
23 now before Mr. Morris ploughs on any further. Save in so
24 far as your Lordship may think it contains statements made
25 by McDonald's, and save in so far as it bears upon
26 McDonald's reaction to what was said in the report, it is
27 not admissible to prove the truth of its contents. The
28 Defendants said they wanted to put a Civil Evidence Act on
29 it, we served a counter-notice requiring them to report to
30 Mr. Andrew Foster, who is its author. That was never
31 complied with.
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33 MR. MORRIS: We say it is admissible, and it has been accepted
34 as true by McDonald's witnesses in the witness box.
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36 MR. JUSTICE BELL: Where it is accepted as true, where parts of
37 it are, where concessions are made, then that is so. It
38 does not rely upon the HSE report, it relies upon the
39 evidence of the witness who says that is so.
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41 MR. MORRIS: Well, Jill Barns was prepared and, I think,
42 Mr. Atherton -- I cannot remember now -- was prepared to
43 accept it in total as an expert report provided to them,
44 and so far as I am working on that basis, that McDonald's
45 accept the expert advice they were given and the
46 significance of it, we are willing to take the same
47 constructive approach about this report. But, I mean, that
48 is for you to decide.
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50 MR. JUSTICE BELL: That is for me to decide, I agree, but let us
51 see where we were getting to because if you are going to
52 give me figures... I mean, in many respects there has been
53 a paucity of figures in this case, so if I am offered
54 figures I may well be interested. And from time to time
55 I did say during the case that is a comment, not expansion
56 of cross-examination.
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58 MR. MORRIS: Yes.
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60 MR. JUSTICE BELL: But that is why I wanted to understand what
