Day 099 - 08 Mar 95 - Page 86


     
     1        I am just not prepared to give even a provisional
     2        indication of my decision until we have the information.
     3        What I suggest you do overnight is look at this, think more
     4        about what your stand is and consider it again tomorrow.
     5        The Midland ones will be available tomorrow, will they,
     6        Mr. Rampton?
     7
     8   MR. RAMPTON:  I hope so, my Lord, yes.
     9
    10   MR. MORRIS:  Can we ask that the finished product testing for
    11        regular hamburgers also be available tomorrow as well,
    12        which are only points 1 and 2 in section B, and the quarter
    13        pounder, 6, because those seem to be the main items.
    14
    15   MR. JUSTICE BELL:  How many are there in that?  How many
    16        documents in each of them?
    17
    18   MR. RAMPTON:  I do not know.   I will have to make enquiries.  I
    19        will do everything I possibly can in this case to help your
    20        Lordship reach a proper decision.  What I will not
    21        willingly do is satisfy Mr. Morris' insatiable curiosity
    22        for unnecessary information unless your Lordship directs
    23        me.
    24
    25   MR. JUSTICE BELL:  Quite candidly, "insatiable" means it can
    26        never be satisfied.
    27
    28   MR. RAMPTON:  Quite.
    29
    30   MR. JUSTICE BELL:  One of the problems in this case is that, for
    31        whatever reason, the Defendants have not had the facility
    32        of inspection of various places.  If they had had the
    33        facility of inspection of various places, and if their
    34        inspector had seen various documents, they might well have
    35        produced a witness statement which meant that there was
    36        absolutely no issue on the matter.
    37
    38        So long as they have not had the facility of inspection, it
    39        seems to me that they are entitled to enquire further to
    40        some extent, query how far, query how much documentation
    41        will be involved.  What I would like to know, which are the
    42        ones again in the last section of finished product testing,
    43        because anyone with his feet on the ground might think that
    44        that is the most important of the lot.
    45
    46   MR. MORRIS:  1, 2 and 6.
    47
    48   MR. RAMPTON:  My Lord, I will do what I can overnight is all
    49        I can say.
    50 
    51   MR. JUSTICE BELL:  I mean, if the fact is that each of the 
    52        source documents for 1 to 7 under finished product testing 
    53        is, say, a 5 rather than a 10 or 15, you have only got 35
    54        sheets of paper there altogether.  Since it is the finished
    55        product, it might be thought that, essentially, that is of
    56        more significance than the raw material, just as the state
    57        of the burger before it goes into the mouth of the customer
    58        is even more important than the finished product as it
    59        leaves McKey, we should be able to find some method of
    60        producing sufficient documents for the Defendants to cast

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