Day 164 - 26 Sep 95 - Page 50
1 scale of values whether McDonald's was number one or number
2 five at any given point, really does not help to determine
3 the question of how far have the Defendants been involved
4 in anti-McDonald's activities and all the things that
5 follow from that. Really this is not an action against
6 London Greenpeace group. The activities of the group
7 matter because, and only because, the Defendants have been
8 active participants in the activities of that group over a
9 very long period of time.
10
11 MR. JUSTICE BELL: What actually happens when any of these
12 witnesses get into the witness box? They have with them
13 their notes because you will ask me to allow them to
14 refresh their memories from their notes, and their notes
15 are complete.
16
17 MR. RAMPTON: Yes.
18
19 MR. JUSTICE BELL: What then happens if either Ms. Steel or
20 Mr. Morris wants to ask about something in one of these
21 interludes?
22
23 MR. RAMPTON: In one of these meetings?
24
25 MR. JUSTICE BELL: I have described them as "interludes" but one
26 of the blank areas.
27
28 MR. RAMPTON: I do not believe they would be entitled to ask
29 what is represented, what was in that blank. If they had
30 any information independently of these notes about what
31 went on at a meeting, then they could say: "Wasn't that
32 meeting really about this or that?" I do not believe they
33 could overcome the objection to obtain discovery in
34 relation to credit simply by asking the owner of the notes:
35 "What is in the bit that has not been disclosed?" That
36 would be quite wrong, in my submission.
37
38 MR. JUSTICE BELL: Let me assume for a moment that the exercise
39 you have gone through is perfectly proper.
40
41 MR. RAMPTON: I hope so.
42
43 MR. JUSTICE BELL: What actual positive objection is there to
44 the Defendants seeing the notes? That is not dodging the
45 issue because I do see, with the experience obviously which
46 one has had, a faintly unreal pantomime situation arising
47 if questions are requested about something which may also
48 happen at a meeting and the enquiry agents, I do not
49 suppose they were looking for anyone else, they rely
50 heavily on their notes and, therefore, stick their noses in
51 their notes and say: "Well, I did not make any note of
52 that." Is there a positive reason?
53
54 MR. RAMPTON: Yes, there is a positive reason. The positive
55 reason -- well, there is more than one positive reason but
56 I will give one because I do not believe I am obliged to
57 give any. One is always tempted by judges bearing gifts.
58 I am very cautious of giving a complete answer and unless
59 your Lordship rules me to do so I prefer not to. There is
60 one very positive answer why. It is because I foresee that
