Day 009 - 08 Jul 94 - Page 22


     
     1        before 12 o'clock.
 
     2                     (Adjourned for a short time)
 
     3   MR. MORRIS:  Just to finish off this issue, hopefully.  Do you
              anywhere in your publicity since 1991, so far as you know,
     4        still use the word "recycled" for material that includes
              both pre  -- not "do you ever", but do you use the word
     5        "recycled" in your publicity which includes both pre  and
              post-consumer waste?
     6        A.  Yes.
 
     7   Q.   It is still generically known as recycled paper?
              A.  Yes.
     8
         Q.   Are you aware that -- I have a document here but we have
     9        not a copy because it was sent to us, I think, last week
              from the Assistant Attorney General of the State of
    10        Texas.  It is the green report.  Are you aware of this
              document?
    11        A.  That is what I was referring to in my testimony.  Is
              that two or one?
    12
         MR. MORRIS:  Two.
    13
         MR. RAMPTON:  My Lord, I have to say this.  If relevant
    14        documents come into the possession of either party at any
              time they should be disclosed.  This came last week, I
    15        understand.
 
    16   MISS STEEL:  No, it was sent last week.  It arrived yesterday.
 
    17   MR. JUSTICE BELL:  Whatever the rights and wrongs of this, I
              think -----
    18
         MR. RAMPTON:  All I am saying I have not seen it.
    19
         MR. MORRIS:  I will show it to Mr. Rampton.  We will get copies
    20        made and disclose it.
 
    21   MR. JUSTICE BELL:  If documents come into the possession of
              either party during the trial which are relevant to an
    22        issue and, therefore, for instance, would be put on a list
              and disclosed, had it happened three months before, they
    23        are, nevertheless, disclosable.  It does not depend upon
              whether you intend to put it to a witness.
    24
         MR. MORRIS:  Yes.
    25
         MR. JUSTICE BELL:  The documents are disclosable.  That applies 
    26        to both sides.. 
  
    27   MISS STEEL:  Mr. Langert has just said he has seen a copy, so
              the plaintiffs could have disclosed one as well.
    28
         MR. JUSTICE BELL:  I am not speaking about this document now;
    29        just in case you did not realise that is the practice
              which should be followed.  So if McDonald's find a
    30        document which they have not previously found, like that
              file they spoke about a few weeks ago, if in the course of

Prev Next Index