Day 057 - 29 Nov 94 - Page 29


     
     1   MS. STEEL:  Okay.  It was Mr. Nicholson anyway.
     2
     3   MR. JUSTICE BELL:  There we are.
     4
     5   MR. MORRIS:  The Al Golan burgers per week survey which was put
     6        to Mr. Green -- in fact, the reference is day 45, page 25,
     7        line 44.
     8
     9   MR. RAMPTON:  Date, please?
    10
    11   MR. MORRIS:  Day 45.  I do not know the date.
    12
    13   MR. JUSTICE BELL:  It is 3rd November.
    14
    15   MR. MORRIS:  Page 25, line 44.  Mr. Green did not recall the
    16        survey which was why we were asking for discovery of it.
    17
    18   MR. JUSTICE BELL:  Page 25, line 44.  It was the frequency with
    19        which children were said to eat hamburgers at various ages
    20         -- not just children.  What date was it?  Can you
    21        remember?  It was some time ago, was it not?
    22
    23   MS. STEEL:   Of the survey?
    24
    25   MR. JUSTICE BELL:  Yes, or of Mr. Golan's statement.
    26
    27   MR. MORRIS:  Mr. Golan would, presumably, remember it, if he is
    28        alive; I presume he is still alive.
    29
    30   MR. JUSTICE BELL:  Yes, but you cannot have discovery of witness
    31        statements, you cannot order Mr. Golan to make a
    32        statement  -----
    33
    34   MR. MORRIS:  No, but, presumably, the Plaintiffs could basically
    35        disclose it if they have it, or ask for it if they have
    36        not, as it is the centrally relevant issue in this case as
    37        defined by the Plaintiffs.  It is actually quoted from the
    38        book "Big Mac, The Unauthorised Biography" which the
    39        authors got the information direct from McDonald's.
    40
    41   MR. RAMPTON:  The authors say they did; that is what that means.
    42
    43   MR. MORRIS:  Unless they just dreamed it all up completely.
    44        I spoke to the authors and they said they got the
    45        information from McDonald's.
    46
    47   MR. JUSTICE BELL:  Page 102 in "Big Mac".
    48
    49   MR. RAMPTON:  My Lord, I know nothing of this.
    50 
    51   MR. JUSTICE BELL:  No, if the First Plaintiff does have a copy 
    52        of that survey, it seems to me it is a disclosable 
    53        document, is it not?
    54
    55   MR. RAMPTON:  Yes, probably it is; whether it is likely, of
    56        course, is another question considering this book was in
    57        1976.
    58
    59   MR. JUSTICE BELL:  As with so many things in this case, we argue
    60        about whether something should be disclosed without

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