Day 060 - 02 Dec 94 - Page 58


     
     1   MR. JUSTICE BELL:  Do you know what Ms. Steel is talking about?
     2        A.  Yes, I do, yes.
     3
     4   MS. STEEL:   Your paper bags are supplied by Smith Anderson?
     5        A.  Correct.
     6
     7   Q.   Perhaps you could have a look at this document, could you?
     8        (Handed)  In the right-hand column, I have actually
     9        highlighted it, so perhaps you could tell us -----
    10
    11   MR. RAMPTON:  My Lord, this is all very well.  I am not
    12        objecting to the witness looking at that in the very
    13        slightest because I think it is what called an Advertising
    14        Editorial or something which plainly had some input
    15        from McDonald's.  What I do find difficult is that the
    16        Defendants repeatedly ignore the fact that there are two
    17        sides in this case.  They cannot conduct a dialogue with
    18        the Defendants (sic).  I do not have this document.  It
    19        makes it difficult to follow what is being asked.
    20
    21   MS. STEEL:  I saw Mr. Rampton with a copy of it last week.
    22
    23   MR. RAMPTON:  I do not have it here.  It is not in court.
    24        I did not know it was going to be referred to.  I have the
    25        original back in chambers and, therefore, it is very
    26        difficult for me to follow unless I have a copy.  Generally
    27        speaking, if one is going to refer to a document for
    28        cross-examination which has not been disclosed which is not
    29        in the bundles, one provides copies for the other side so
    30        as to make life a bit more tolerable.
    31
    32   MS. STEEL:  I would do that if I had the time and if it was a
    33        document that was not already in McDonald's possession.
    34        However, I actually feel these documents, the Fact Book,
    35        etc., should have been disclosed by the Plaintiffs, but it
    36        is quite a simple point.  If Rampton wants to look at it
    37        afterwards, I am quite happy for him to borrow it.
    38
    39   MR. JUSTICE BELL:  Ask Mr. Oakley about it.  I think I asked,
    40        first of all, if you had read the section of The Times and
    41        you obviously have.  If something like that crops up in the
    42        future and you clearly are going to refer to it, I thought
    43        you might when Mr. Preston came back into the witness box,
    44        then just say and somehow or other, whether it is you who
    45        does it or Barlows who does it or someone else entirely, we
    46        will get copies there and then, we will put them somewhere
    47        in the bundle, and then whenever it comes up we are ready
    48        to go.  Having said that, ask Mr. Oakley what you want
    49        about this.
    50 
    51   MS. STEEL:  Do you see the advertisement there for Smith 
    52        Anderson? 
    53        A.  Just about; it is very small.
    54
    55   Q.   Can you read it to us, what it says?
    56        A.  The whole thing?
    57
    58   Q.   I think it is the first two paragraphs.
    59        A.  The highlighted part?
    60

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