Day 107 - 24 Mar 95 - Page 13


     
     1   MR. JUSTICE BELL:  Yes.
     2
     3   MR. MORRIS:  First of all, we believe we have done everything
     4        that could be done, short of calling the author, which we
     5        do not have to call the author for all the documents that
     6        have been disclosed in this case, that is, both sides.
     7
     8   MR. JUSTICE BELL:  A particular point has been taken on this one
     9        so you must observe my rulings in relation to it.
    10
    11   MR. MORRIS:  We did serve a Civil Evidence Act Notice on it and
    12        that has not been countered.
    13
    14   MR. JUSTICE BELL:  No, because the whole question of whether the
    15        evidence was admissible at all in the light of admissions
    16        which have been made is still up in the air.  At the
    17        moment, I am not minded to allow there to be evidence in
    18        relation to facts which have pleaded by one side, in this
    19        case you, which have been admitted by the other side, in
    20        this case McDonald's, because it is quite pointless having
    21        evidence about matters which are common ground.  That is
    22        why I asked you to go away and very carefully plan what
    23        amendment you needed.
    24
    25   MS. STEEL:  The thing is, though, it is not just about Preston;
    26        it is about other food poisoning incidents and the
    27        likelihood of those happening, the worst case scenario,
    28        which is what the leaflet says, "at worst poisonous".
    29
    30   MR. JUSTICE BELL:  If you want to get any further in based on
    31        the evidence which the maker of the report might give, if
    32        you called him or her, you should plead it and again we can
    33        see whether it is admitted or not.
    34
    35   MS. STEEL:  The pleadings about Preston, though, are part of the
    36        subsection about food poisoning in general.
    37
    38   MR. JUSTICE BELL:  I am going to stop you referring to it at all
    39        unless you take the opportunity to follow the course which
    40        I have suggested you do, and say:  "If this, that or the
    41        other were the position, then what would you say?" then, in
    42        due course, we can see whether there is evidence that it
    43        was the position, whether by the calling of someone who can
    44        give admissible evidence as to what is in the report, or
    45        whether it is because you amend to plead an allegation
    46        which is admitted by McDonald's so, it is common ground, it
    47        does not matter -- or some other route -- what route is
    48        taken.  But, until you have done that, you cannot just read
    49        out bits of a document, the admissibility of which has been
    50        challenged. 
    51 
    52   MR. MORRIS (To the witness):  Mr. North, without having a report 
    53        in front of you and without it being evidence of fact, yes,
    54        if it was true, what it said in the report -----
    55
    56   MR. JUSTICE BELL:  No, put a specific matter.
    57
    58   MR. MORRIS:  If the report was true, what are your professional
    59        opinions about the matters in there -- you have read this
    60        report, have you not?

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