Day 008 - 07 Jul 94 - Page 72


     
     1
         MISS STEEL:  Actually, there are absolutely stacks of
     2        scientific reports we are still compiling; we have two
              Lever Arch files full of them which we need to hand to the
     3        plaintiffs as soon as we finish compiling them.
 
     4   MR. MORRIS:  Obviously we are under pressure to say "Well, we
              can do it in three days" or something.  We feel a week is
     5        a reasonable break, because it is not just a question of,
              you know, preparing by reading the documents.  It is the
     6        whole administrative----
 
     7   MR. JUSTICE BELL:  I am going to leave you with this thought
              and then rise because I do not want a response to it;
     8        I want a bit of thought to be given to it; if, in fact,
              I decided that it was not realistic to get into nutrition
     9        before the end of July, because I thought you did not have
              time to prepare, then I want to know what witnesses,
    10        including, for instance, finishing Mr. Preston,
              Mr. Gregory I see is there -- we could put into weeks four
    11        and five.
 
    12   MR. RAMPTON:  We will do anything to cooperate to make your
              Lordship's life easy, give the defendants -- I do not say
    13        "sufficient" -- time to prepare what you would say they
              ought to have prepared four years ago.  Leaving that
    14        rather sly remark on one side, there are two very
              important considerations which do not bear upon the
    15        defendants' diligence, or the lack of it.
 
    16        The first is this.  A large number of my witnesses are not
              McDonald's people at all.  They are a combination of
    17        independent businessmen and distinguished academics.
              I have had, or Mrs. Brinley-Codd has had, already a great
    18        deal of trouble putting these witnesses where they
              presently are.  On nutrition, virtually the whole of my
    19        evidence is independent outside academics:  Professor
              Walker, Professor Wheelock, Professor Keen, and
    20        Dr. Arnaud, and Dr. Craybury.
 
    21        It is possible that I can find dates for them at different
              times after 12th September.  What I cannot guarantee is
    22        that I get all of them before the case ends, or if I do
              I get them in any kind of order.  Now that, to be quite
    23        blunt about it, would be a grave injustice to us.
 
    24   MR. MORRIS:  There is no difference for us though.
 
    25   MR. JUSTICE BELL:  I am trying to stop the argument for the
              moment.  The alternative to what I have just mooted about 
    26        not starting nutrition before the end of term is to start 
              it in the 5th week. 
    27
         MR. RAMPTON:  I face the same problem.  I just do not know if
    28        Professor Walker---
 
    29   MR. JUSTICE BELL:  I have to do fairness to both parties,
              Mr. Rampton.  I am not unaware of your problems but I am
    30        not unaware of the defendants' either.
 

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