Day 022 - 12 Sep 94 - Page 69


     
     1   MR. RAMPTON:  I am quite happy with that.
     2
     3   MS. STEEL:   We have got lots of things to say in answer to
     4        what Mr. Rampton has just said -- I will not go into them
     5        all -- but I am very concerned about Mr. Barnard because
     6        when we initially wrote to the plaintiffs saying that we
     7        thought our witnesses would take at least 12 days, we got
     8        a letter from them saying they were reverting to us
     9        concerning the length of time being set aside.  So we have
    10        actually told Neil Barnard that it is fine for him to come
    11        on the 10th and 11th.
    12
    13   MR. JUSTICE BELL:  Can we say that, come what may, Dr. Barnard
    14        will be called on the 10th and 11th?
    15
    16   MR. RAMPTON:  I cannot give an absolute undertaking that I am
    17        always going to agree if I have some person from overseas
    18        in the box at the time, but that is very unlikely.
    19
    20   MR. JUSTICE BELL:  You have not anyone from overseas in the run
    21        up to Dr. Barnard?
    22
    23   MR. RAMPTON:  No.  It is much better for me that I know
    24        precisely when he is coming.
    25
    26   MS. STEEL:   He may have booked his flight already.
    27
    28   MR. JUSTICE BELL:  I am going to pencil in on Monday 10th and
    29        11th that Dr. Barnard must be called.  The only other
    30        thing I wanted to ask is, I had some papers left in my
    31        room, for which I am grateful, towards the end of last
    32        week but I also had a video film.
    33
    34   MR. RAMPTON:  Yes.
    35
    36   MR. JUSTICE BELL:  I have not either read the cover or looked
    37        at the film.  If it is agreed that I should, I will take
    38        it home and look at it, or should I just wait in relation
    39        to that?
    40
    41   MS. STEEL:   What is it a video of?
    42
    43   MR. RAMPTON:  It is a disclosed document.  It appears to
    44        emanate -- what shall I say -- from the defendants' camp.
    45
    46   MR. JUSTICE BELL:  It is this: "What is wrong with McDonald's".
    47
    48   MR. RAMPTON:  It has a lot of the defendants on it and it has
    49        to do with the injunction, a claim of malice.
    50 
    51   MR. JUSTICE BELL:  But it does not contain any of the film 
    52        I saw during the opening? 
    53
    54   MR. RAMPTON:  No, it is new.
    55
    56   MR. JUSTICE BELL:  I will just put it back on the shelf here.
    57        I will not read the cover or look at it.
    58
    59   MR. RAMPTON:  Can I leave it like this, my Lord, that I shall
    60        be cross-examining the defendants about it without any

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