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
