Day 162 - 25 Jul 95 - Page 18


     
     1
     2        The other thing I would mention is that it relates to
     3        residues and also to precedent, I think it is.  We are
     4        still expecting, I think, to get a supplementary statement
     5        from Mr. North.
     6
     7   MR. JUSTICE BELL:  Yes.  What was going to happen there?  What
     8        is the state of play at the moment?
     9
    10   MR. MORRIS:  I cannot remember.  I think -- we have not spoken
    11        to Mr. North since -----
    12
    13   MR. JUSTICE BELL:  I think it is very important you put that
    14        high on your list of priorities.
    15
    16   MR. MORRIS:  I cannot remember whether it was the pleading that
    17        should come first or the -----
    18
    19   MR. JUSTICE BELL:  Quite apart from anything else, you are going
    20        to find it difficult to argue an application for leave to
    21        amend in relation to residues until you have obtained and
    22        served a statement from Mr. North on that.
    23
    24   MR. RAMPTON:  Yes, my Lord.  If your Lordship will recall,
    25        I said I did not require a pleading.  I would be quite
    26        happy with a proper statement from Mr. North.
    27
    28   MR. JUSTICE BELL:  Yes.
    29
    30   MR. MORRIS:  We are still awaiting the documents of Dr. Gomez
    31        Gonzales.
    32
    33   MR. RAMPTON:  You will not get those -----
    34
    35   MR. JUSTICE BELL:  Then the transcript of the uncut films or
    36        film.
    37
    38   MR. MORRIS:  Yes.
    39
    40   MR. JUSTICE BELL:  What is the position there?
    41
    42   MR. MORRIS:  The position on this is that we have not referred
    43        to them deliberately because the person who owns the
    44        copyright of those transcripts, which is Jane Gabriel, has
    45        specified in allowing us to have them that we do not show
    46        them to anybody else and I have signed an agreement to that
    47        effect.
    48
    49        Now that, of course, puts me in an embarrassing situation
    50        and she sent letters to this effect.  It apparently puts 
    51        her in an embarrassing situation vis-a-vis Channel 4, and 
    52        it possibly puts Channel 4 in an embarrassing position 
    53        vis-a-vis McDonald's because of an agreement they made with
    54        McDonald's.  So the long and short of it is, even though I
    55        have wanted to refer to them, I have not referred to them
    56        at all; both of us have not referred to them at all in
    57        cross-examination of Miss Anteneh, and I do not know what
    58        the situation would be legally.  I would argue that they
    59        are not necessary for the fair disposal of the action, in
    60        any event, on the grounds that the researcher was attending

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