Day 107 - 24 Mar 95 - Page 14


     
     1        A.  Yes.
     2
     3   Q.   Can you tell us what you think about -----
     4
     5   MR. RAMPTON:  I do again, my Lord, object in the strongest
     6        possible terms to this being dragged out of a witness when
     7        I should have had prior notice of it.  If Mr. North is
     8        going to comment on this report, I should have been told.
     9        It is not in either of his statements -- I have just
    10        looked.
    11
    12   MR. JUSTICE BELL:  It is quite right you should; notice of it
    13        should have been given, just as it should with regard to
    14        the pesticides evidence.
    15
    16   MS. STEEL:  We have asked about all sorts of things in this case
    17         ------
    18
    19   MR. JUSTICE BELL:  Please let me finish.  I am going to let you,
    20        nevertheless, because Mr. North has to come back which
    21        gives McDonald's time, I am going to let you put -- it may
    22        be that you will use the report as a basis for it --- some
    23        supposition or hypothesis of fact, and then I am going to
    24        let you ask Mr. North to comment on it.  Then we can see
    25        whether, in due course, the fact is established; if it is
    26        not established, I can probably forget Mr. North's comment
    27        on it.  If it is established, I will consider Mr. North's
    28        comment on it together with that of any other witness in
    29        the case and reach a conclusion.
    30
    31        But it is no use just saying, if the facts in the report
    32        were right -- put a specific matter.  You will not lose
    33        anything at all by that.  If you have notes in the margin
    34         -- just listen to me -- if you have Mr. North's notes in
    35        the margin that should be able to draw your attention to a
    36        particular matter and I will help you with how the question
    37        should be phrased.
    38
    39   MR. MORRIS:  It would be easier if I could hand this to the
    40        witness and let him make comments.
    41
    42   MR. JUSTICE BELL:  No, just follow the course I have suggested.
    43        I am trying to help you.  I am, in fact, bending the rules
    44        in order to help you and I cannot go further than that.
    45
    46   MR. MORRIS (To the witness):  Mr. North, McDonald's have
    47        admitted responsibility for the Preston food poisoning
    48        outbreak which involved a number of people being
    49        hospitalised.
    50 
    51   MR. JUSTICE BELL:  I think it would help if you read out the 
    52        admission to him in terms, including any additional one so 
    53        that Mr. North is reminded of it.
    54
    55   MR. MORRIS:  "McDonald's have accepted responsibility for" --
    56         "In January 1991 a number of people suffered" -----
    57
    58   MR. JUSTICE BELL:  Mr. Morris, just pause.  Just slowly and
    59        steadily read out the admission.
    60

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