Day 163 - 25 Sep 95 - Page 41


     
     1        My Lord, I turn from that to the Employment Conditions
     2        allegations.
     3
     4   MR. JUSTICE BELL:  Did we actually have any evidence on what, if
     5        any, food poisoning dangers arise from having mice in the
     6        premises?
     7
     8   MR. RAMPTON:  I know of no verminous allegations in that sense
     9        in the whole case.
    10
    11   MR. JUSTICE BELL:  The experts were not actually asked about it?
    12
    13   MR. RAMPTON:  No, not so far as I recall.  My memory is
    14        fallible, with all due respect.  This vermin allegation is,
    15        apart from the cases of dead animals to be found inside
    16        food products such as they are, these sorts of allegations
    17        are new to the case as a generality.
    18
    19   MR. MORRIS:  I do not think that is true.
    20
    21   MR. RAMPTON:  Do correct me if I am wrong.  Tell me where there
    22        was some evidence on either side.
    23
    24   MR. MORRIS:  I think that the Plaintiffs have painted a quite
    25        huge picture of their obsession with cleanliness as being
    26        next to godliness.
    27
    28   MR. JUSTICE BELL:  Yes, but my specific question is, while we
    29        had them here, were any of the experts asked about whether
    30        the likelihood, if any, of mice leading to food poisoning.
    31        It is not to be assumed, having lived in rue good health, I
    32        am happy to say, from time to time in accommodation where
    33        one regularly caught mice in the morning in the kitchen,
    34        you are not to assume that I associate mice droppings with
    35        food poisoning.  That is merely why I asked about it.
    36
    37   MR. MORRIS:  There was one witness that was questioned about it
    38        regarding the East Ham store, I believe.  We are having a
    39        witness to come.
    40
    41   MR. JUSTICE BELL:  We have had some factual evidence about it
    42        and I am anticipating some more, but we have not had any
    43        expert about evidence about it, have we?
    44
    45   MR. RAMPTON:  No.
    46
    47   MR. MORRIS:  No, but I think that McDonald's have made a great
    48        play, a substantial -----
    49
    50   MR. JUSTICE BELL:  You answer Mr. Rampton in due course.  You 
    51        will have an opportunity to do that.  My recollection was 
    52        that there was no expert evidence on the topic, but 
    53        I wanted to check whether that recollection is right or
    54        not.
    55
    56   MR. RAMPTON:  No, we did not instruct Professor Jackson or
    57        Dr. Clark to look at that question because there has never
    58        been any allegation in any pleading; that is why there was
    59        not.
    60

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