Day 052 - 21 Nov 94 - Page 58
1 amend F were granted, what is there of which you think that
2 you have not covered either with your witnesses so far
3 in-chief or in cross-examination of the Plaintiffs'
4 nutrition witnesses which you would wish to cover?
5
6 Unless there is anything more you want to say tonight, we
7 will break off there and we will resume at 10.30 in the
8 morning.
9
10 MR. MORRIS: The other outstanding legal matters, what is the
11 approach that we should take to those?
12
13 MR. JUSTICE BELL: I think we ought to see how we go tomorrow on
14 this aspect. I will not give a decision on this aspect
15 tomorrow. I will go away and think about it and give my
16 decision and my reasons for it in due course. If the
17 argument finishes tomorrow, I will possibly give the
18 decision and the reasons for it next Monday morning if only
19 because I think it is very important that we get on with
20 Ms. Dibb without any further delay on Thursday morning and
21 make sure we finish her this week.
22
23 MS. STEEL: There is one thing on the list that is pretty urgent
24 which is about whether Kasper van Erp should have to give
25 evidence in person. He is a packaging witness and that is
26 supposed to be the next section that is coming up. We did
27 bring it up a long time ago but it was forgotten really.
28
29 MR. RAMPTON: Not by us.
30
31 MR. JUSTICE BELL: Remind me about him; I have not set about
32 re-reading those witnesses.
33
34 MR. RAMPTON: He is a Dutchman. He is in England I think at the
35 moment; I am not a 100 per cent sure. He was when he wrote
36 his statement. On 27th June which was the first day of
37 this trial before I opened the case, at page 35 Ms. Steel
38 said: "We want to apply for Mr. Van Erp to attend court.
39 I think when the Civil Evidence Act notice was served we
40 did not really understand what they were. This was sometime
41 last year, I think. He is actually in this country. He
42 lives in this country. I do not know why he is not coming
43 to court."
44
45 I explained to your Lordship that all he had done was to
46 make some calculations about the volume of trees used by
47 McDonald's for making paper in Europe on the basis of
48 figures supplied to him by McDonald's suppliers who are a
49 foreign corporation called Enzogoodsych. I resisted the
50 suggestion that he should be called for that reason. Your
51 Lordship said to the Defendants (this is on page 36 at
52 line 7) "Look, I will tell you what, if all that he is
53 doing is a calculation, if that all he is in there for, his
54 statement, presumably, does not add anything which cannot
55 be worked out from the other documentation. You have a
56 live witness." (Maybe at that time that was Vickie
57 Carroll, I do not know). "If on reflection you think there
58 was something you wanted to put to him, I can see some
59 point in him actually been here. I suggest you try by 4.30
60 tomorrow afternoon to have another look at that, and if
