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
