Day 099 - 08 Mar 95 - Page 84
1 for the purpose of testing it.
2
3 MR. RAMPTON: My Lord, it is well over 100 documents.
4
5 MR. JUSTICE BELL: May be.
6
7 MR. RAMPTON: They could not, I think, reasonably be faxed. We
8 would have to get them by some other method. We then have
9 to see whether the name of the supplier was on them; if it
10 was, we would have to spend a considerable amount of time
11 blanking them out. The reason I am slightly reluctant to
12 do it is for no other reason than it takes time, it spends
13 money and paper.
14
15 Assuming that McKey's have not forged this table, if one
16 actually looks at it, one does not find any single result
17 that comes anywhere near the McKey's only -----
18
19 MR. JUSTICE BELL: The choice is this. One thing I might well
20 do is put the matter over until I have heard the
21 Defendants' witnesses on this, because I am concerned that
22 they may be chasing something which when Mr. North, for
23 instance, is called, although he did not inspect relevant
24 premises, there turns out to be no issue, I just do not
25 know. I do not want a lot trouble over discovery if it
26 turns out it is not a real issue, I do not know. But I
27 would like those checks to be made because one can only
28 make a sensible decision on all these matters when one has
29 the full information.
30
31 MR. RAMPTON: My Lord, we should get the Midland documents
32 tonight or early tomorrow. If they have the name on them,
33 then we will know that the others are all set to do so.
34
35 MR. JUSTICE BELL: That is the sort of thing I have in mind.
36
37 MR. RAMPTON: We can take it from there. I appreciate your
38 Lordship's reference to Mr. North. As matters presently
39 stand, there is no contest on this issue. I am very
40 reluctant to make 150 pages of discovery to no purpose.
41
42 MR. MORRIS: First of all, there is a contest on this issue.
43 Mr. North says that the system is inherently unhygienic
44 carried out by McKey's and McDonald's, he said, in
45 particular, the process of cross-contamination through the
46 grinding of beef, and the finished product testing results
47 of the hamburgers, I think, should be disclosed. I would
48 like them disclosed before Mr. Kenny leaves the witness
49 box, preferably for tomorrow. There are only two of those
50 in section B in the list. The list is not evidence of
51 anything at the moment.
52
53 MR. JUSTICE BELL: No. It may well be -- in fact, at the moment
54 I think it would be -- that save insofar as the source
55 documents for the list are supplied, I would put the list
56 out of mind.
57
58 MR. MORRIS: Yes.
59
60 MR. JUSTICE BELL: But that is another issue.
