Day 083 - 06 Feb 95 - Page 19


     
     1        indefeasible legal right to obtain those documents, or
     2        copies of them, or even to inspect them for the purposes of
     3        this litigation, or for the purposes of disclosing them to
     4        the Defendants, from which it further follows that they do
     5        not, therefore, have power over those documents within the
     6        meaning of Order 24.
     7
     8        That this may be so, as we would assert it plainly is so,
     9        one might get some help in seeing from some documents which
    10        are, amongst other places, in pink volume VIII which is
    11        called "Food Poisoning".  My Lord, it is the first tab.
    12        I would ask your Lordship to glance briefly through the
    13        whole of the section -- it is only 35 pages long -- it is
    14        only very small parts that your Lordship needs to look at.
    15
    16        On page 1 this is a specification for 1986.  That its
    17        revision date; its original date was 1983.  Under "K", the
    18        third paragraph says:
    19
    20        "Supplier guarantees to permit authorised representatives
    21        of McDonald's Quality Assurance and Purchasing Department
    22        to make unannounced inspections and review quality
    23        controls". The same thing under "K" on page 2.  That is
    24        from 1985.  There is another one on page 5 under "J", 1983;
    25        another one on page 6 under "K" from 1984; there is one on
    26        page 7 under "I", the last paragraph, 1985; on page 9 from
    27        1984.
    28
    29   MR. JUSTICE BELL:  "O".
    30
    31   MR. RAMPTON:  Yes, "O" that is right.  Then on page 10, my Lord,
    32        in 1985 I think it is "M".  The second paragraph under
    33        "M".  There is also, your Lordship will see, a reporting
    34        system under "M".  Page 11, under "L", here we find, 1987,
    35        a new form of words -- I think it is a new form of words --
    36        added at the end of the last paragraph we find the words:
    37        " ... review all quality control records related to
    38        McDonald's product", which I think -- I may be wrong -- is
    39        the first specific reference to documents kept pursuant to
    40        the contract or the specification by the supplier.
    41
    42   MR. MORRIS:  It actually says that on page 2.
    43
    44   MR. RAMPTON:  That is very helpful.  I did say I might have
    45        missed something.
    46
    47   MR. MORRIS:  You read it out but did not mention the word
    48        "records", I think.
    49
    50   MR. RAMPTON:  You are quite right.  It does say:  "... review 
    51        quality control records".  So maybe it is a thread that 
    52        runs all the way through.  It does say the same on page 5. 
    53        That is a bad point that I made.  So, that obligation on
    54        the supplier to give McDonald's the opportunity to review
    55        the suppliers' records seems to run, at any rate, from
    56        1984, 1985 at any rate.
    57
    58        Then one sees there is much to the same effect all through
    59        the following pages until one gets to page 20 where there
    60        is a February 1990 revision.  So far as Mrs. Brinley-Codd

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