Day 070 - 20 Dec 94 - Page 32


     
     1        might assist in that direction.
     2
     3   MR. MORRIS:  Yes.
     4
     5   MR. JUSTICE BELL:  What at the moment I am reluctant to consider
     6        is discovery of all such forms which have been completed
     7        and are still in existence.  I am going to come back at
     8        two o'clock, and we will carry on then.  At the moment,
     9        what I think is discoverable, because it relates directly
    10        to McDonald's concern or otherwise with the welfare of the
    11        animals, is the form of form, as it were, which, with their
    12        approval or their acquiescence, the suppliers use when
    13        visiting a slaughterhouse or abattoir in order to check on
    14        its proper performance.
    15
    16   MR. RAMPTON:  Yes.  What your Lordship is asking for is the
    17        equivalent of the McKey document.
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MR. RAMPTON:  I do not suppose that is a problem.
    22
    23   MR. JUSTICE BELL:  I will come back and carry on this argument.
    24        It may be that the right thing to do would be to order, if
    25        I have to, disclosure of a sample number of those.  Of
    26        course, it might be then said that you have discovered the
    27        ones which have got good results, but at least one can look
    28        at them and reach a better view as to whether there is any
    29        justification for ordering the discovery of all of them, if
    30        indeed that is what the Defendants ask for.
    31
    32   MR. RAMPTON:  My Lord, once again -- perhaps I am getting ahead
    33        of the argument -- I hesitate before accepting any kind of
    34        an indication like that, given that, since your Lordship's
    35        ruling on the amendment, the Plaintiffs' complaint about
    36        what the leaflet says about their attitude on animal
    37        welfare is really now very precise, and for the Defendants
    38        (as they repeatedly attempted to do in this case) to think
    39        they are entitled to run some kind of audit of McDonald's
    40        whole operation is just not right.  They are not.  This is
    41        not an tribunal of inquiry; it is adversarial piece of
    42        litigation with distinct issues.
    43
    44   MR. JUSTICE BELL:  I will come back and hear any remaining
    45        argument on that at two o'clock.
    46
    47                       (Luncheon Adjournment)
    48
    49                                                     2.00 p.m.
    50 
    51   MS. STEEL:  On the subject of the audit forms, the filled in 
    52        copies of them, I am sure that Dr. Gomez Gonzalez was 
    53        referring to audits which were carried out, at most, three
    54        or four times a year, of suppliers.  If that is correct,
    55        then I feel that all the relevant forms for 1989 and 1990
    56        ought to be disclosed.
    57
    58        Of the ones which Mr. Rampton says are a couple of times a
    59        week, then I think that samples should be provided that are
    60        filled in.  I would specifically request ones in relation

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