Day 083 - 06 Feb 95 - Page 61


     
     1
     2   MR. RAMPTON:  Yes.  I can see ways in which it could be
     3        arranged.  As with so many other of my witnesses, I do not
     4        suppose that I will take a morning with Mr. Bowes, indeed
     5        probably stop, as I usually do, around about mid-day,
     6        12 o'clock.  It could be said that one way around it would
     7        be for Ms. Steel to do such cross-examination as she may
     8        have immediately on the Monday and leave anything that is
     9        left over for Mr. Morris to deal with on the Tuesday.
    10
    11   MR. JUSTICE BELL:  The answer to your query is certainly attend
    12        the funeral, if you want to, but let us know as soon as
    13        possible when arrangements are made, how long it will
    14        involve you being away from court for.  Then we can look at
    15        whether the case can continue in some way or another when
    16        you are not here.
    17
    18   MR. RAMPTON:  My Lord, I am not trying to put any pressure on
    19        Ms. Steel at all but we do have to tell Mr. Bowes -- he is
    20        running a business -- whether he is to come.
    21
    22   MR. JUSTICE BELL:  Find out when it is, first of all, and how
    23        long you will have to be away.  For instance, is it all
    24        Tuesday or not, and let me know about that and then we will
    25        work from there.  But do not concern yourself that you will
    26        be put in a position where you cannot attend the funeral.
    27        That is what I am saying.
    28
    29        You see, if all it meant was that we run over into the
    30        following week, then there we are, but we are trying to
    31        avoid that as well.  Anyway, the first thing to do is to
    32        find out what the date is and be able to say how long you
    33        will be away.  The first thing to know is if it is, in
    34        fact, Tuesday and then does it involve you being away all
    35        Tuesday.  If that is what it does involve, then we can look
    36        at whether we can carry on with the case at all in your
    37        absence.
    38
    39        Cases do continue in the absence of one or other party,
    40        although one tries to avoid it for obvious reasons if one
    41        can.  If we cannot avoid it without prejudicing your
    42        position, we just will not sit.  But let us see if there is
    43        any alternative to that before we make a final decision.
    44        Can we deal with another topic in five or 10 minutes?
    45
    46   MR. RAMPTON:  My Lord, do not know whether it would help.
    47        I think I might be able to shorten things tomorrow by
    48        giving your Lordship some information in the hope that it
    49        will help.  On 20th December (and I will speak slowly, if
    50        I may) your Lordship made a ruling in which you said we 
    51        should disclose pro forma audit forms, that is to say, 
    52        McDonald's audit forms of suppliers and slaughterhouses in 
    53        the United States and the United Kingdom.
    54
    55        Those enquiries have been made.  In the United Kingdom the
    56        Second Plaintiffs do not have any such forms and never have
    57        had.  The forms which exist are those of the suppliers and
    58        there is at least one pro forma from McKey in pink volume
    59        VIII.  The enquiry as to America has borne fruit.  I think
    60        I am right in saying that two documents have emerged which

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