Day 087 - 10 Feb 95 - Page 47
1 times of burgers being increased, according to Mr. Wignall
2 on page 5 of his statement at tab 3 of yellow VII.
3 Mr. Atherton was asked about this yesterday and he said he
4 did not think that they had increased further still. We
5 all saw the increase in cooking times which had been made
6 after Preston. That is a case where I expect the evidence
7 will be, and even if there were not any more evidence which
8 there certainly will be from Mrs. Barnes, that is a case
9 where I would expect that your Lordship could apply the
10 fallacy post hoc propter hoc and be right about it. In
11 other words, if all of sudden a month later cooking times
12 shoot up by however many seconds it was, I would expect
13 your Lordship to find that the reason was that they wanted
14 to prevent any possible future occurrence. Of course,
15 there is Keith Kenny as well.
16
17 My Lord, I doubt Mr. Wignall was right in what he wrote or
18 what the solicitor wrote for him. We will find out in due
19 course. If there was a further increase beyond the few
20 seconds that was made in February 1991, then of course we
21 will disclose any relevant documents we have. I suspect it
22 would turn out that that is in fact a mare's nest and did
23 not happen.
24
25 My Lord, I come to something which is altogether more
26 serious, more earnest as a question for your Lordship to
27 consider. I am presently inclined to think or to suggest
28 to your Lordship that, so far as documents in the
29 possession of McKey and Sun Valley are concerned, so long,
30 as I think I said the other day, they are limited in range
31 and plainly relevant to the issues which are before your
32 Lordship such as those seen by Professor Jackson at those
33 two establishments or samples of microbiological tests that
34 we do not already have, the right thing for us to do is to
35 ask Sun Valley and McKey whether they are prepared to
36 disclose for the purpose of these proceedings, but no other
37 purpose, a limited range of such documents.
38
39 MR. JUSTICE BELL: What Mr. Morris was saying is that Professor
40 Jackson was clearly shown documents at McKey and Sun
41 Valley. We are going to come to Mr. Clark in a moment, but
42 he said there was a document or documents were shown to him
43 at Scottish restaurants, the Glasgow restaurant, and he is
44 asking for discovery of such documents.
45
46 MR. RAMPTON: My Lord, yes, he is asking for that. I say two
47 things about it. Your Lordship has heard that application
48 before both in relation to documents seen by Mr. Clark and
49 by Mr. Jackson. Your Lordship heard it and rejected it on
50 21st April 1994 on pages 78 to 80 in respect of both
51 gentlemen, Clark and Jackson, taking the view that the
52 expert's' own account what he saw in the generality of the
53 picture with which he was presented of the operation as a
54 whole was not necessary, because they would only be samples
55 of a kind of document and they would not be critical to any
56 incident that he was investigating. I will give your
57 Lordship the lines: page 78, the argument starts at,
58 roughly speaking, line 9 on page 78 and concludes so far as
59 Mr. Clark is concerned who had been to the restaurant in
60 Glasgow at line 3 on page 79, where your Lordship rejected
