Day 087 - 10 Feb 95 - Page 49


     
     1        reason why I would not is, first, because the vast volume
     2        that would then emerge has comparatively trivial value so
     3        far as the issues in the case are concerned.  Second, and
     4        much more important because I doubt whether actually that
     5        documentation goes to anything more than Mr. Walker's
     6        credit, he having mentioned that fact in answer to
     7        Mr. Morris' offensive allegation that he was lying which
     8        your Lordship will remember Mr. Morris resolutely refused
     9        to withdraw, and if that were right, why then, no discovery
    10        follows in any event.  Even if that were not right, I would
    11        urge your Lordship to use the old fashioned word which
    12        nobody seems to use any longer, discovery in relation to
    13        that question, "How many burgers a day are destroyed for
    14        the purposes of testing?" would be wholly oppressive.
    15
    16        A halfway house might be, and I put this forward now in
    17        case your Lordship had a doubt about it, for some person at
    18        McKey's to make a short written statement, perhaps an
    19        affidavit would be the right way of doing it, saying that
    20        he did the calculation and this is what the figure was if
    21        it needed verifying.  But I have to say I would only do
    22        that with great reluctance, it being my submission that the
    23        evidence of Mr. Walker on that question is quite credible
    24        enough as it stands.
    25
    26        My Lord, that I think is all, I was starting on Jarret.
    27        All I say about that is that we obviously, whatever the
    28        position might be in relation to McKey and Sun Valley, we
    29        have no contractual or any other relationship with Jarret
    30        or any other secondary supplier, such as G.D. Bowes in
    31        Norfolk.  There is no way in which we can be expected to
    32        obtain any of their documents.
    33
    34        This is one of the things I was thinking about when I said
    35        we would ask Mr. Walker; it might be that McKey have again
    36        only in a limited range documents relating to Jarret
    37        themselves.  I am not offering to ask them for more than,
    38        for example, the follow-up report in June 1993 or later of
    39        Mr. Peter Mitchell who audited them at the beginning of
    40        that month, that sort of thing.  If the Defendants want
    41        more than that, then they must persuade your Lordship that
    42        McDonald's have those documents in their power and also
    43        that they are necessary for the fair disposal of the
    44        action.
    45
    46        My Lord, then I pass to employment.  I do not know if I am
    47        in the same order as your Lordship, but I think I wrote
    48        them down as they cropped up.  Original documents
    49        underlying the accident statistics both for this country
    50        and ----- 
    51 
    52   MR. JUSTICE BELL:  Yes, could you give me the reference to those 
    53        again?  Obviously, I can find then in the transcript or my
    54        notebook, but if I can note it now it would be easier.
    55
    56   MR. MORRIS:  It is one of those 57M, N, O, or something, I think
    57        it is.
    58
    59   MR. RAMPTON:  Here we are; the magic list.  Volume XIII of the
    60        pink ones, my Lord.  Section D, the US accident statistics

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