Day 305 - 25 Nov 96 - Page 42
1 whether they have not referred to the witness at all or
2 whether they have not referred to part of their evidence,
3 then I think I ought to be more specific and say that if
4 they do wish to give me written notes in relation to those
5 matters, then they must do so by 1 p.m. on Wednesday the
6 18th. They must be in Mr. Glenn's hands by then and
7 Mrs. Brinley-Codd's hands by then, because that would give
8 you something of a chance to glance through them, whether
9 on the Wednesday afternoon, if you were not on your feet,
10 or overnight, in case you wanted to say anything in return.
11
12 I will not say anything more about that at the moment.
13 I am anxious not to shut Ms. Steel and Mr. Morris out from
14 taking that course if they wish. On the other hand, as
15 I have said before, there must come a time when I have to
16 say: "I will hear no more. I am going to go off and write
17 my judgment on what I have been given at the moment."
18
19 But if you the immediate question is what you go on to do
20 now.
21
22 MS. STEEL: There is one brief thing that I can cover,
23 actually, but this will not take very long. It is just
24 that all the publication bundles -- I think there are three
25 of them -- the three pink bundles full of leaflets of one
26 sort or another, from all around the world, I do not think
27 that McDonald's have proved publication of a single one of
28 those or brought -- well, not so much proven publication,
29 but they have not brought any evidence about where they
30 came from and how they were obtained. Therefore, there
31 cannot be any evidence to connect us to any of those
32 documents. There is any number of them which, if you look
33 at them, are duplicates, they are photocopies of the same
34 leaflet. If you inspect the originals, you will find that
35 quite a lot of the originals are missing and they are only
36 photocopies. They are from all over the world, and the
37 Plaintiffs cannot complain about distribution in other
38 countries; and, indeed, in their Statement of Claim or in
39 their further and better particulars of their Statement of
40 Claim, they actually specifically said that they were not
41 complaining about distribution outside the jurisdiction of
42 this court. So, as far as I can see, those bundles are
43 completely irrelevant in terms of any evidential purposes.
44
45 MR. JUSTICE BELL: I think, at the end of the day, I have to
46 look and see what evidence I have got of which leaflet was
47 found where, or handed to someone where, or sent off to
48 someone where. A lot of the documents in the bundles
49 altogether are there, I assume, because a time might have
50 come when they might have been put to some witness in
51 cross-examination, which ---
52
53 MS. STEEL: I think the point is -----
54
55 MR. JUSTICE BELL: -- has only happened to some extent. If a
56 document has been put to a witness and the witness has
57 given some useful evidence on it, then I can take that into
58 account. But, otherwise, an awful lot of the documents,
59 having been put in bundles because it was either
60 anticipated they would be proved or that they would be
