Day 062 - 06 Dec 94 - Page 41


     
     1        they got the right to have those copies?
     2        A.  Yes.
     3
     4   MR. MORRIS:  May suggest that any documents that Mr. Van Erp has
     5        are disclosable in any event in that case as they,
     6        McDonald's, have power over them, which will save us having
     7        to argue over each one.
     8
     9   MR. JUSTICE BELL:  Have you had a search to see if you can find
    10        any documents which might help as to at what dates ---
    11        A.  Yes, we have.
    12
    13   Q.   -- items went into recycled material and were increased and
    14        so on?
    15        A.  Most of those documents have already been -----
    16
    17   Q.   Yes.  Have you found any more, though?
    18        A.  No, this was one of them that helped me give a date.
    19
    20   Q.   But are there any others that you are aware of apart from
    21        the ones which have gone to Barlow Lyde & Gilbert in the
    22        first place?
    23        A.  No, not to my knowledge.  I have got one that supports
    24        this, but exactly the same statement is basically made from
    25        us to McDonald's, but that says nothing more.  And that was
    26        it.  We have gone through all our files because we have had
    27        the question, obviously, before us, but I have not been
    28        able to find anything more than what we have so far.
    29
    30   MR. MORRIS:  We will come on to it later.  You talked about
    31        surveys that you did, questionnaires ---
    32        A.  Yes.
    33
    34   Q.   -- to all the branches?  Would the results of that survey
    35        be somewhere in the Perseco ---
    36        A.  Yes.
    37
    38   Q.   -- files somewhere?
    39        A.  Yes.
    40
    41   Q.   Because that was, you can remind me, something you did
    42        fairly early on, was it not, to establish what the
    43        situation was?
    44        A.  Yes, that was the basis for the material usage report
    45         -- that still is the basis for the material usage report
    46         -- is we send a questionnaire out to the suppliers with
    47        specifics on weight, composition of material and on
    48        transportation packaging etc. which enable us to make the
    49        material usage overviews that we do.  That obviously has
    50        changed over the years as well but ...... 
    51 
    52   MR. JUSTICE BELL:  You see, there are two issues, two matters, 
    53        to consider, Mr. Morris -- two practical, one technical
    54        matter and one which is a very practical matter -- the
    55        first is whether the document is discoverable, the second
    56        is whether anyone actually wants it.  If, for instance,
    57        there is a material usage report or summary taken from that
    58        and you are minded to accept that or not challenge that
    59        anyway, there may not be much point in going to the source
    60        material, so there is a very grave risk in a case like this

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