Day 087 - 10 Feb 95 - Page 50


     
     1        are 57N and the UK ones are the previous one, M.
     2
     3   MR. JUSTICE BELL:  We did not really look at N, did we?  They
     4        were the American ones.
     5
     6   MR. RAMPTON:  No, I do not think we really looked at them.
     7        I think that is right.  They are divided up in two ways,
     8        nature of accident and place of accident -- a bit the same
     9        as the English ones though in a somewhat different form.
    10
    11   MR. JUSTICE BELL:  You did in argument earlier say that there
    12        was a faintly complicated explanation which was going to be
    13        reduced to writing so that -- you were too polite to say so
    14         -- even I could understand it, but that was the gist of
    15        it, was it not, Mr. Rampton?
    16
    17   MR. RAMPTON:  It was but I think -- it is not for once my fault
    18         -- somebody else crossed my wires and I think that these
    19        documents are what they say they are on their face at the
    20        heading.  I repeat what is said in this letter that I gave
    21        your Lordship a moment ago.  These American statistics have
    22        not been produced for the purposes of this action.  They
    23        have been extrapolated from a nationwide data base.  How
    24        difficult it would be to reproduce the database in court,
    25        I am not willing even to begin to contemplate.  They are
    26        from McDonald's insurance department.
    27
    28   MR. MORRIS:  We are prepared to accept disks because we can
    29        check through disks.
    30
    31   MR. RAMPTON:  I am not willing to disclose disks, I am afraid,
    32        unless ordered to do so -- not in a million years.
    33
    34   MR. JUSTICE BELL:  What is McCoco?
    35
    36   MR. RAMPTON:  Those are company owned restaurants.
    37
    38   MR. JUSTICE BELL:  Where did you say we could that see it was an
    39        insurance -----
    40
    41   MR. MORRIS:  It says "compensation claims" on the top.
    42
    43   MR. JUSTICE BELL:  I see that, but that does not tell me that it
    44        is -----
    45
    46   MR. RAMPTON:  I tell your Lordship now -- if your Lordship wants
    47        affidavit evidence about it, I have no doubt I can provide
    48        it -- this, as one might expect, does, in fact, come
    49        from McDonald's insurance department.
    50 
    51   MR. JUSTICE BELL:  From their insurance department? 
    52 
    53   MR. RAMPTON:  Yes.  Did I not say that?
    54
    55   MR. JUSTICE BELL:  I probably misheard.  I thought you were
    56        saying it came from some insurer.  Yes?
    57
    58   MR. RAMPTON:  No, it is from McDonald's insurance department.
    59        My Lord, I make the adamant stand that I do in relation to
    60        what the Defendants call "underlying documents", both in

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