Day 099 - 08 Mar 95 - Page 84


     
     1        for the purpose of testing it.
     2
     3   MR. RAMPTON:  My Lord, it is well over 100 documents.
     4
     5   MR. JUSTICE BELL:  May be.
     6
     7   MR. RAMPTON:  They could not, I think, reasonably be faxed.  We
     8        would have to get them by some other method.  We then have
     9        to see whether the name of the supplier was on them; if it
    10        was, we would have to spend a considerable amount of time
    11        blanking them out.  The reason I am slightly reluctant to
    12        do it is for no other reason than it takes time, it spends
    13        money and paper.
    14
    15        Assuming that McKey's have not forged this table, if one
    16        actually looks at it, one does not find any single result
    17        that comes anywhere near the McKey's only -----
    18
    19   MR. JUSTICE BELL:  The choice is this.  One thing I might well
    20        do is put the matter over until I have heard the
    21        Defendants' witnesses on this, because I am concerned that
    22        they may be chasing something which when Mr. North, for
    23        instance, is called, although he did not inspect relevant
    24        premises, there turns out to be no issue, I just do not
    25        know.  I do not want a lot trouble over discovery if it
    26        turns out it is not a real issue, I do not know.  But I
    27        would like those checks to be made because one can only
    28        make a sensible decision on all these matters when one has
    29        the full information.
    30
    31   MR. RAMPTON:  My Lord, we should get the Midland documents
    32        tonight or early tomorrow.  If they have the name on them,
    33        then we will know that the others are all set to do so.
    34
    35   MR. JUSTICE BELL:  That is the sort of thing I have in mind.
    36
    37   MR. RAMPTON:  We can take it from there.  I appreciate your
    38        Lordship's reference to Mr. North.  As matters presently
    39        stand, there is no contest on this issue.  I am very
    40        reluctant to make 150 pages of discovery to no purpose.
    41
    42   MR. MORRIS:  First of all, there is a contest on this issue.
    43        Mr. North says that the system is inherently unhygienic
    44        carried out by McKey's and McDonald's, he said, in
    45        particular, the process of cross-contamination through the
    46        grinding of beef, and the finished product testing results
    47        of the hamburgers, I think, should be disclosed.  I would
    48        like them disclosed before Mr. Kenny leaves the witness
    49        box, preferably for tomorrow.  There are only two of those
    50        in section B in the list.  The list is not evidence of 
    51        anything at the moment. 
    52 
    53   MR. JUSTICE BELL:  No.  It may well be -- in fact, at the moment
    54        I think it would be -- that save insofar as the source
    55        documents for the list are supplied, I would put the list
    56        out of mind.
    57
    58   MR. MORRIS:  Yes.
    59
    60   MR. JUSTICE BELL:  But that is another issue.

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