Day 107 - 24 Mar 95 - Page 13
1 MR. JUSTICE BELL: Yes.
2
3 MR. MORRIS: First of all, we believe we have done everything
4 that could be done, short of calling the author, which we
5 do not have to call the author for all the documents that
6 have been disclosed in this case, that is, both sides.
7
8 MR. JUSTICE BELL: A particular point has been taken on this one
9 so you must observe my rulings in relation to it.
10
11 MR. MORRIS: We did serve a Civil Evidence Act Notice on it and
12 that has not been countered.
13
14 MR. JUSTICE BELL: No, because the whole question of whether the
15 evidence was admissible at all in the light of admissions
16 which have been made is still up in the air. At the
17 moment, I am not minded to allow there to be evidence in
18 relation to facts which have pleaded by one side, in this
19 case you, which have been admitted by the other side, in
20 this case McDonald's, because it is quite pointless having
21 evidence about matters which are common ground. That is
22 why I asked you to go away and very carefully plan what
23 amendment you needed.
24
25 MS. STEEL: The thing is, though, it is not just about Preston;
26 it is about other food poisoning incidents and the
27 likelihood of those happening, the worst case scenario,
28 which is what the leaflet says, "at worst poisonous".
29
30 MR. JUSTICE BELL: If you want to get any further in based on
31 the evidence which the maker of the report might give, if
32 you called him or her, you should plead it and again we can
33 see whether it is admitted or not.
34
35 MS. STEEL: The pleadings about Preston, though, are part of the
36 subsection about food poisoning in general.
37
38 MR. JUSTICE BELL: I am going to stop you referring to it at all
39 unless you take the opportunity to follow the course which
40 I have suggested you do, and say: "If this, that or the
41 other were the position, then what would you say?" then, in
42 due course, we can see whether there is evidence that it
43 was the position, whether by the calling of someone who can
44 give admissible evidence as to what is in the report, or
45 whether it is because you amend to plead an allegation
46 which is admitted by McDonald's so, it is common ground, it
47 does not matter -- or some other route -- what route is
48 taken. But, until you have done that, you cannot just read
49 out bits of a document, the admissibility of which has been
50 challenged.
51
52 MR. MORRIS (To the witness): Mr. North, without having a report
53 in front of you and without it being evidence of fact, yes,
54 if it was true, what it said in the report -----
55
56 MR. JUSTICE BELL: No, put a specific matter.
57
58 MR. MORRIS: If the report was true, what are your professional
59 opinions about the matters in there -- you have read this
60 report, have you not?
