Day 163 - 25 Sep 95 - Page 41
1 My Lord, I turn from that to the Employment Conditions
2 allegations.
3
4 MR. JUSTICE BELL: Did we actually have any evidence on what, if
5 any, food poisoning dangers arise from having mice in the
6 premises?
7
8 MR. RAMPTON: I know of no verminous allegations in that sense
9 in the whole case.
10
11 MR. JUSTICE BELL: The experts were not actually asked about it?
12
13 MR. RAMPTON: No, not so far as I recall. My memory is
14 fallible, with all due respect. This vermin allegation is,
15 apart from the cases of dead animals to be found inside
16 food products such as they are, these sorts of allegations
17 are new to the case as a generality.
18
19 MR. MORRIS: I do not think that is true.
20
21 MR. RAMPTON: Do correct me if I am wrong. Tell me where there
22 was some evidence on either side.
23
24 MR. MORRIS: I think that the Plaintiffs have painted a quite
25 huge picture of their obsession with cleanliness as being
26 next to godliness.
27
28 MR. JUSTICE BELL: Yes, but my specific question is, while we
29 had them here, were any of the experts asked about whether
30 the likelihood, if any, of mice leading to food poisoning.
31 It is not to be assumed, having lived in rue good health, I
32 am happy to say, from time to time in accommodation where
33 one regularly caught mice in the morning in the kitchen,
34 you are not to assume that I associate mice droppings with
35 food poisoning. That is merely why I asked about it.
36
37 MR. MORRIS: There was one witness that was questioned about it
38 regarding the East Ham store, I believe. We are having a
39 witness to come.
40
41 MR. JUSTICE BELL: We have had some factual evidence about it
42 and I am anticipating some more, but we have not had any
43 expert about evidence about it, have we?
44
45 MR. RAMPTON: No.
46
47 MR. MORRIS: No, but I think that McDonald's have made a great
48 play, a substantial -----
49
50 MR. JUSTICE BELL: You answer Mr. Rampton in due course. You
51 will have an opportunity to do that. My recollection was
52 that there was no expert evidence on the topic, but
53 I wanted to check whether that recollection is right or
54 not.
55
56 MR. RAMPTON: No, we did not instruct Professor Jackson or
57 Dr. Clark to look at that question because there has never
58 been any allegation in any pleading; that is why there was
59 not.
60
