Day 022 - 12 Sep 94 - Page 69
1 MR. RAMPTON: I am quite happy with that.
2
3 MS. STEEL: We have got lots of things to say in answer to
4 what Mr. Rampton has just said -- I will not go into them
5 all -- but I am very concerned about Mr. Barnard because
6 when we initially wrote to the plaintiffs saying that we
7 thought our witnesses would take at least 12 days, we got
8 a letter from them saying they were reverting to us
9 concerning the length of time being set aside. So we have
10 actually told Neil Barnard that it is fine for him to come
11 on the 10th and 11th.
12
13 MR. JUSTICE BELL: Can we say that, come what may, Dr. Barnard
14 will be called on the 10th and 11th?
15
16 MR. RAMPTON: I cannot give an absolute undertaking that I am
17 always going to agree if I have some person from overseas
18 in the box at the time, but that is very unlikely.
19
20 MR. JUSTICE BELL: You have not anyone from overseas in the run
21 up to Dr. Barnard?
22
23 MR. RAMPTON: No. It is much better for me that I know
24 precisely when he is coming.
25
26 MS. STEEL: He may have booked his flight already.
27
28 MR. JUSTICE BELL: I am going to pencil in on Monday 10th and
29 11th that Dr. Barnard must be called. The only other
30 thing I wanted to ask is, I had some papers left in my
31 room, for which I am grateful, towards the end of last
32 week but I also had a video film.
33
34 MR. RAMPTON: Yes.
35
36 MR. JUSTICE BELL: I have not either read the cover or looked
37 at the film. If it is agreed that I should, I will take
38 it home and look at it, or should I just wait in relation
39 to that?
40
41 MS. STEEL: What is it a video of?
42
43 MR. RAMPTON: It is a disclosed document. It appears to
44 emanate -- what shall I say -- from the defendants' camp.
45
46 MR. JUSTICE BELL: It is this: "What is wrong with McDonald's".
47
48 MR. RAMPTON: It has a lot of the defendants on it and it has
49 to do with the injunction, a claim of malice.
50
51 MR. JUSTICE BELL: But it does not contain any of the film
52 I saw during the opening?
53
54 MR. RAMPTON: No, it is new.
55
56 MR. JUSTICE BELL: I will just put it back on the shelf here.
57 I will not read the cover or look at it.
58
59 MR. RAMPTON: Can I leave it like this, my Lord, that I shall
60 be cross-examining the defendants about it without any
