Day 154 - 13 Jul 95 - Page 52
1 assembly with blades on it which scrape the ice particles
2 off the edge of the container and also beat the mix. This
3 further thickens the mix and also combines the ice crystals
4 within the chamber to mix with the thickened shake mix and
5 the ice crystals.
6
7 Q. If it were too cold, could you still serve the milk shake?
8 A. It depends to what extent. Any sort of deviation by
9 more than one or two degrees would tend to make it very
10 difficult to serve the milk shake. If it got too cold,
11 then the milk shake would tend to peak at the front.
12
13 Q. Then I end up here, Mr. Davis: What if, as is suggested by
14 the Defendants, you put sufficient water into the mix (is
15 the allegation) in sufficient quantity to "improve" --
16 I put that word in quotes -- the yield significantly for
17 your own basic commercial purposes, what if you put
18 sufficient water into the mix for that purpose, what would
19 happen to the final product in the machine?
20 A. We were always taught from, sort of, day one that if
21 you added water to the shake mix then the shake machine
22 would freeze up and lock solid due to the lower temperature
23 that water would freeze at.
24
25 MR. RAMPTON: Thank you, Mr. Davis. My Lord, that is all the
26 questions I have in re-examination.
27
28 MR. JUSTICE BELL: Thank you. You are released, Mr. Davis.
29
30 (The witness withdrew)
31
32 MR. RAMPTON: May I, before your Lordship rises, briefly say a
33 word about the proposal there should be some kind of
34 interlocutory hearing tomorrow? I do not know if your
35 Lordship has been given the Defendants' list of
36 authorities.
37
38 MR. JUSTICE BELL: No, I have not.
39
40 MR. RAMPTON: I believe your Lordship ought to have it.
41
42 MR. JUSTICE BELL: I am not aware that I have been given it.
43
44 MR. MORRIS: I am just trying to find it.
45
46 MR. JUSTICE BELL: Lend me it for a moment, then I will hand it
47 back and Mr. Riley could photocopy it. Should I look at
48 one side only?
49
50 MR. MORRIS: No, it is just that it is a recycled piece of
51 paper. The other side does not matter, it is OK, it is
52 fine. It is from Mark Davis' statement or something.
53
54 MR. RAMPTON: My Lord, there are (because I have counted them)
55 26 authorities in all on that list; some of them such as
56 the White Book, Halsbury's Laws, are not obviously very
57 taxing, some of them, that is to say, 13 of them, I know
58 that we have in chambers. The other half, the other 13,
59 I know that we do not. Your Lordship will notice that
60 handwritten into the bottom half of the list are, I think,
