Day 089 - 15 Feb 95 - Page 78


     
     1   MR. RAMPTON:  I think that is what I am saying, my Lord.  I will
     2        see what I can do.
     3
     4   MR. JUSTICE BELL:  Thanks to electronic communication, things do
     5        not have to be put in the post any longer.
     6        (To the witness):  What I would like you to do is find out
     7        if the monthly McDonald's summary, by that I mean the
     8        summary prepared for McDonald's, would there be one at
     9        Hereford and one at Orleon, or would the Orleon information
    10        be sent to Hereford in order to make the summary there?
    11        Would there be a summary just from your Head Office or how
    12        would it go?
    13        A.  I am not absolutely sure, I would have to make
    14        enquiries.  The summaries may be at Orleon and may be sent
    15        directly to McDonald's Head Office, I am not sure.
    16
    17   Q.   I would like you to enquire, if you would, Dr. Pattison
    18        whether a McDonald's summary for January 1995 (sic) and
    19        October 1994 ---
    20
    21   MS. STEEL:  It is January 1994.
    22
    23   MR. JUSTICE BELL:  -- January 1994 and August 1994 is available
    24        at Hereford and/or Orleon, to find out the first month, the
    25        earliest month, when a McDonald's summary is still
    26        available.  If it is not any earlier than those -- you had
    27        better find out, if you would, what the earliest month is,
    28        period, just in case, for instance, January 1994 and August
    29        1994 are no longer in existence -- and whether there are
    30        recent daily documents for McDonald's products at Hereford
    31        and/or at Orleon.  If they are available, it would be
    32        helpful if you ask someone to collect them together in case
    33        they have to be sent or brought to this court.  That is the
    34        first stage.
    35
    36        The only other question is whether Dr. Pattison speaks to
    37        any member of the Board or whoever may be responsible for
    38        making the decision or whether that is left for lawyers to
    39        do.
    40
    41   MR. RAMPTON:  My Lord, with respect, we have the conduct of the
    42        Plaintiffs' case in this matter.  The proper course, unless
    43        we need Dr. Pattison's assistance to identify the people
    44        (and I dare say we should) to whom we ought to speak, the
    45        proper course is for us to manage this exercise.  We will
    46        have a look to see if, as your Lordship suggested might be
    47        the case, McDonald's themselves have these documents in
    48        which case we will produce them.  Then, with the aid of
    49        Dr. Pattison's identification of the right people, we will
    50        make the enquiries and we will consider our position.  At 
    51        the moment, if the Board of Sun Valley say:  "That is OK, 
    52        you produce them in court", then that is what we will do. 
    53        If they are our documents, we do not have a choice.
    54
    55   MS. STEEL:  I will say that the proper course would be that if
    56        Mr. Rampton had carried out what he was suggesting several
    57        months ago in time to give discovery at the right time.
    58
    59   MR. JUSTICE BELL:  Let us not have a wrangle about it now.  Let
    60        us see where we get to.  What I would like you to do is be

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