Day 164 - 26 Sep 95 - Page 30
1 knowledge of French and the translation, but what it looks
2 to me that what it is effectively saying is that
3 proceedings were taken against -- I think raison examen is
4 part of their form of judicial enquiry by a magistrate in
5 France, though I may be quite wrong about that -- 12
6 Restaurant Managers, directeurs de restaurant, and
7 personnel of McDonald's in the Lyons region. But the
8 witness statements you are concerned with seem to me they
9 are saying were given to the Gendarmerie and the official
10 body, PV of the Inspectorate at Work, whatever that is.
11
12 MR. MORRIS: Yes, that is what I am saying. They were given to
13 the investigation, not necessarily to McDonald's, but those
14 would be in the hands of their legal representatives.
15
16 MR. JUSTICE BELL: Why do you say that?
17
18 MR. MORRIS: I believe they would be. Maybe that it is possible
19 that they would not be given to both sides, but I believe
20 they would be. I think that McDonald's should hand them
21 over if they do have possession, power or control over
22 those witness statements, because that will help the court
23 in evaluating the truth of what our pleading is saying. If
24 they are not in their possession, power or control, then it
25 becomes an academic application. The application still
26 stands if they are in their possession, power or control.
27 The problem for our witnesses is it is not in their
28 possession, power or control because they are not, as
29 individuals, part of the action. Would that be a good time
30 to stop?
31
32 MR. JUSTICE BELL: Yes, I think it would be. 2 o'clock.
33
34 (Luncheon Adjournment)
35
36 MR. MORRIS: I was just going to make a small comment about the
37 Towers and Perrin report in response to what Mr. Rampton
38 said, that I was informed that they would have kept the
39 report. The only dispute was whether it was in warm or
40 cold storage; cold storage being more difficult to locate.
41 For some reason, I just cannot get organised on this
42 discovery application. I am just trying to check your
43 list.
44
45 MR. JUSTICE BELL: The ones on my list which you have not
46 touched on so far are the Bath store documents and the
47 Enquiry Agents' full notes and any response to the HSE
48 investigation unit's report.
49
50 MR. MORRIS: I do not really see what we can say about the HSE
51 one.
52
53 MR. JUSTICE BELL: No. The information which has consistently
54 come is that it was what you got from Ms. Barnes which was
55 the totality of it, that there was no other response.
56
57 MR. MORRIS: It was a one sheet of paper recently disclosed and
58 they said they sent no covering letter. I do not see what
59 else we can say about that really. It cannot have no
60 covering letter because it does not actually say who it is
