Day 309 - 03 Dec 96 - Page 40


     
     1        within the next day or two, now that I have brought it to
     2        your attention, I want you to say, 'Yes, it is admitted,
     3        that document is admitted.'
     4
     5   MR. MORRIS:  It is the same.  I can say we do not have any
     6        objection to this document.  I do not know why we objected
     7        to it, or even if we did.
     8
     9   MS. STEEL:   It might be that we got a number wrong, say, it was
    10        supposed to be pink 8, 12, or something like that.
    11
    12   MR. JUSTICE BELL:  Can I take that as an agreed document for
    13        whatever conclusion or conclusions I may draw from it?
    14        That is all I am asking.
    15
    16   MR. MORRIS:  Yes, that is fine so far as we are concerned.
    17
    18   MR. JUSTICE BELL:  You agree with that Ms. Steel?
    19
    20   MS. STEEL:   Yes.
    21
    22   MR. RAMPTON:  What I was looking for was the correspondence.
    23        I will not waste your Lordship's time.
    24
    25   MR. JUSTICE BELL:  I am not interested in what has past under
    26        the bridge.
    27
    28   MR. RAMPTON:  I am, to this extent, that whether it was a
    29        mistake or not, and plainly it was not one of the documents
    30        that was agreed, that is quite clear from Mr. Morris'
    31        letter, because we sent them a list of all the documents we
    32        suggested they agree and this was one of the ones that was
    33        not included in their assents, and so therefore I have
    34        ignored it.  I do not see what else I could do, it
    35        certainly does not prove itself and it is certainly not
    36        malicious in any way at all.
    37
    38   MR. JUSTICE BELL:  Are you prepared to agree it?
    39
    40   MR. RAMPTON:  I cannot tell your Lordship that without looking
    41        back at Mr. Hawke's evidence about it.  I do remember there
    42        was quite a lot of evidence about it, nine or ten pages
    43        I think.  My recollection of the effect of the evidence is
    44        he says, well, it is all very well looking at the blank
    45        oblongs, but you cannot tell from that what the number is
    46        within each blank oblong.
    47
    48   MR. JUSTICE BELL:  I understand all that, there was lots of
    49        argument about what the figures on it actually meant, or
    50        what kind of conclusion one should draw from it. 
    51 
    52   MR. RAMPTON:  That is right.  If the question is, do I agree 
    53        that it is a McDonald's document which Mr. Hawke's was
    54        familiar with, the answer is obviously yes, I do.  Do
    55        I have any objection to your Lordship looking at that part
    56        of the evidence?  Obviously, the answer is, no, I do not.
    57        I am only, in a sense, apologising because I have by one
    58        means or another been misled into thinking it did not
    59        arise.
    60

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