Day 083 - 06 Feb 95 - Page 49


     
     1
     2   MR. MORRIS:  That is actually what I was going to go on to
     3        next.  That is exactly the point I was going to make, that
     4        the Plaintiffs are relying on those disclosed documents and
     5        that information and evidence to say that they have had no
     6        imported beef in the USA.  But the years particularly
     7        pleaded were 1979, 1983 and 1984 and we had asked for
     8        documents, effectively, from the 1980s.  It is our case
     9        that if the Plaintiffs ever had a policy it emanates from
    10        1989 when they put their corporate policy statement in.
    11        Effectively, the years that we have pleaded are the
    12        important years.  If the Plaintiffs, as Mr. Rampton has
    13        just said, are relying on information from 1989, they
    14        should be ordered at least to provide a list of suppliers.
    15        I do not believe they will be able to provide the same sort
    16        of documentation as they provided in 1989 because we do not
    17        believe that the suppliers were asked to sign the
    18        equivalent forms earlier than 1989, but if we had a list of
    19        suppliers which would be a one-page document or a two-page
    20        document, then at least we could make our own enquires.
    21        Obviously, any documentation above the list would be
    22        helpful as well in terms of whether they sign documents or
    23        provide the sources of their supplies to McDonald's,
    24        related to the issue of imported beef in the USA.
    25
    26   MR. RAMPTON:  Again, my Lord, I find this, if I may respond now,
    27        it may be convenient, quite extraordinary.  We have
    28        disclosed specifications, with obviously some years
    29        missing, from I think about 1967.  Mr. Walker produced two
    30        the other day, 1978 and 1979. The meat specifications we
    31        have disclosed run all through the 80s.
    32
    33   MR. JUSTICE BELL:  I think it is the list of suppliers now.
    34
    35   MR. RAMPTON:  My Lord, yes, but all the specifications say
    36        "absolutely prohibited any imported beef", and each of the
    37        specifications has a form at the back to be signed by the
    38        supplier.  This may be a relevant question.  I am not
    39        suggesting it is an irrelevant question.  The real question
    40        is whether a trawl of the names of the suppliers is going
    41        to assist the progress of this case.  The idea, I suppose,
    42        will be that the Defendants ask your Lordship for a
    43        six-month adjournment while they trot round the United
    44        States asking each of the suppliers in turn whether their
    45        signature on that document is truthful or not.  That is an
    46        exaggerated way of putting it obviously, but really I do
    47        wonder whether this is going to advance the matter in any
    48        way at all.
    49
    50   MR. JUSTICE BELL:  I have no hint that an adjournment will be 
    51        asked for.  What are the sorts of enquiries you might like 
    52        to make in relation to those which would help in relation 
    53        to an issue in the case?
    54
    55   MR. MORRIS:  McDonald's have brought in as evidence Civil
    56        Evidence Act documents as to 1989.  We do not even know if
    57        that is a comprehensive list of all their suppliers for
    58        1989.  We have a witness, for example Mr. Douglas Chane on
    59        on the US labelling policy of beef, and he should be
    60        entitled to check out from his personal knowledge or

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