Day 305 - 25 Nov 96 - Page 42


     
     1        whether they have not referred to the witness at all or
     2        whether they have not referred to part of their evidence,
     3        then I think I ought to be more specific and say that if
     4        they do wish to give me written notes in relation to those
     5        matters, then they must do so by 1 p.m. on Wednesday the
     6        18th.  They must be in Mr. Glenn's hands by then and
     7        Mrs. Brinley-Codd's hands by then, because that would give
     8        you something of a chance to glance through them, whether
     9        on the Wednesday afternoon, if you were not on your feet,
    10        or overnight, in case you wanted to say anything in return.
    11
    12        I will not say anything more about that at the moment.
    13        I am anxious not to shut Ms. Steel and Mr. Morris out from
    14        taking that course if they wish.  On the other hand, as
    15        I have said before, there must come a time when I have to
    16        say: "I will hear no more.  I am going to go off and write
    17        my judgment on what I have been given at the moment."
    18
    19        But if you the immediate question is what you go on to do
    20        now.
    21
    22   MS. STEEL:   There is one brief thing that I can cover,
    23        actually, but this will not take very long.  It is just
    24        that all the publication bundles -- I think there are three
    25        of them -- the three pink bundles full of leaflets of one
    26        sort or another, from all around the world, I do not think
    27        that McDonald's have proved publication of a single one of
    28        those or brought -- well, not so much proven publication,
    29        but they have not brought any evidence about where they
    30        came from and how they were obtained.  Therefore, there
    31        cannot be any evidence to connect us to any of those
    32        documents.  There is any number of them which, if you look
    33        at them, are duplicates, they are photocopies of the same
    34        leaflet.  If you inspect the originals, you will find that
    35        quite a lot of the originals are missing and they are only
    36        photocopies.  They are from all over the world, and the
    37        Plaintiffs cannot complain about distribution in other
    38        countries; and, indeed, in their Statement of Claim or in
    39        their further and better particulars of their Statement of
    40        Claim, they actually specifically said that they were not
    41        complaining about distribution outside the jurisdiction of
    42        this court.  So, as far as I can see, those bundles are
    43        completely irrelevant in terms of any evidential purposes.
    44
    45   MR. JUSTICE BELL:  I think, at the end of the day, I have to
    46        look and see what evidence I have got of which leaflet was
    47        found where, or handed to someone where, or sent off to
    48        someone where.  A lot of the documents in the bundles
    49        altogether are there, I assume, because a time might have
    50        come when they might have been put to some witness in 
    51        cross-examination, which --- 
    52 
    53   MS. STEEL:  I think the point is -----
    54
    55   MR. JUSTICE BELL:  -- has only happened to some extent.  If a
    56        document has been put to a witness and the witness has
    57        given some useful evidence on it, then I can take that into
    58        account.  But, otherwise, an awful lot of the documents,
    59        having been put in bundles because it was either
    60        anticipated they would be proved or that they would be

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