Day 087 - 10 Feb 95 - Page 57


     
     1        for expert visits), we were told that if our experts
     2        applied to visit they could see the documents then, and
     3        there not need be any discovery for that reason.
     4
     5        I think you did say at the time that if our experts were
     6        not allowed to make visits, or they were not able to see
     7        documents, we could reapply at a later time.  Things such
     8        as correspondence and records of visits by the
     9        environmental health officers in relation to food safety
    10        (that is on page 3 of the statement); records of customer
    11        complaints in relation to food safety; records of memoranda
    12        on food safety from McDonald's Corporation, and, in fact, I
    13        would have thought they would be something that would be
    14        relevant, not just based on Mr. Clark's statement but just
    15        relevant generally really.  Food delivery temperature
    16        records; daily temperature and calibration records;
    17        particularly that because that has been gone into by
    18        Mr. Atherton as well.  I am not so worried about the other
    19        things on there.
    20
    21        In relation to the records from Head Office, in fact, on
    22        page 6 there is mentioned a specific memoranda dated 14th
    23        January 1993 relating to viral gastroenteritis suspected
    24        cases (that is under paragraph 5 on page 6).  I do not know
    25        whether this is widening things, but I think similar
    26        documents should also be provided for the Leeds store that
    27        Mr. North visited because he was refused access to those
    28        documents.
    29
    30   MR. JUSTICE BELL:  Yes.
    31
    32   MR. MORRIS:  Obviously none of us in this case want thousands of
    33        documents and we have never applied for thousands of
    34        documents, and samples of actual filled in documents if
    35        typical rather than selective, or whatever, are helpful.
    36
    37        In terms of what may become a matter of intense dispute
    38        related to Dr. Clark's evidence, the finished product
    39        testing which McDonald's claim they do and the calibration
    40        of the grills; those calibration check lists; if they were
    41        still in operation.  That would be pretty important.  The
    42        day's visits, both in Leeds and in the Glasgow stores.  The
    43        finished product, I believe, is the tearing open and
    44        checking and the temperature tests on the burgers.
    45
    46        The documents that Professor Jackson saw I thought were at
    47        Jarrets.  That was my mistake.  Apparently he went to
    48        Midland Meat Packers.  That is just an amendment to my
    49        original application.  There was a whole -- maybe now is
    50        not the best time to do it, I do not know -- there were 
    51        documents that Mr. Atherton brought up that were clearly 
    52        relevant. 
    53
    54   MR. RAMPTON:  My Lord, now is not the time.  It is a fresh
    55        application.
    56
    57   MR. JUSTICE BELL:  Are these new ones?
    58
    59   MR. MORRIS:  Yes, they are, but some of them -- I have to say
    60        that some of them will be dealt with if we get discovery

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