Day 083 - 06 Feb 95 - Page 19
1 indefeasible legal right to obtain those documents, or
2 copies of them, or even to inspect them for the purposes of
3 this litigation, or for the purposes of disclosing them to
4 the Defendants, from which it further follows that they do
5 not, therefore, have power over those documents within the
6 meaning of Order 24.
7
8 That this may be so, as we would assert it plainly is so,
9 one might get some help in seeing from some documents which
10 are, amongst other places, in pink volume VIII which is
11 called "Food Poisoning". My Lord, it is the first tab.
12 I would ask your Lordship to glance briefly through the
13 whole of the section -- it is only 35 pages long -- it is
14 only very small parts that your Lordship needs to look at.
15
16 On page 1 this is a specification for 1986. That its
17 revision date; its original date was 1983. Under "K", the
18 third paragraph says:
19
20 "Supplier guarantees to permit authorised representatives
21 of McDonald's Quality Assurance and Purchasing Department
22 to make unannounced inspections and review quality
23 controls". The same thing under "K" on page 2. That is
24 from 1985. There is another one on page 5 under "J", 1983;
25 another one on page 6 under "K" from 1984; there is one on
26 page 7 under "I", the last paragraph, 1985; on page 9 from
27 1984.
28
29 MR. JUSTICE BELL: "O".
30
31 MR. RAMPTON: Yes, "O" that is right. Then on page 10, my Lord,
32 in 1985 I think it is "M". The second paragraph under
33 "M". There is also, your Lordship will see, a reporting
34 system under "M". Page 11, under "L", here we find, 1987,
35 a new form of words -- I think it is a new form of words --
36 added at the end of the last paragraph we find the words:
37 " ... review all quality control records related to
38 McDonald's product", which I think -- I may be wrong -- is
39 the first specific reference to documents kept pursuant to
40 the contract or the specification by the supplier.
41
42 MR. MORRIS: It actually says that on page 2.
43
44 MR. RAMPTON: That is very helpful. I did say I might have
45 missed something.
46
47 MR. MORRIS: You read it out but did not mention the word
48 "records", I think.
49
50 MR. RAMPTON: You are quite right. It does say: "... review
51 quality control records". So maybe it is a thread that
52 runs all the way through. It does say the same on page 5.
53 That is a bad point that I made. So, that obligation on
54 the supplier to give McDonald's the opportunity to review
55 the suppliers' records seems to run, at any rate, from
56 1984, 1985 at any rate.
57
58 Then one sees there is much to the same effect all through
59 the following pages until one gets to page 20 where there
60 is a February 1990 revision. So far as Mrs. Brinley-Codd
