Day 070 - 20 Dec 94 - Page 32
1 might assist in that direction.
2
3 MR. MORRIS: Yes.
4
5 MR. JUSTICE BELL: What at the moment I am reluctant to consider
6 is discovery of all such forms which have been completed
7 and are still in existence. I am going to come back at
8 two o'clock, and we will carry on then. At the moment,
9 what I think is discoverable, because it relates directly
10 to McDonald's concern or otherwise with the welfare of the
11 animals, is the form of form, as it were, which, with their
12 approval or their acquiescence, the suppliers use when
13 visiting a slaughterhouse or abattoir in order to check on
14 its proper performance.
15
16 MR. RAMPTON: Yes. What your Lordship is asking for is the
17 equivalent of the McKey document.
18
19 MR. JUSTICE BELL: Yes.
20
21 MR. RAMPTON: I do not suppose that is a problem.
22
23 MR. JUSTICE BELL: I will come back and carry on this argument.
24 It may be that the right thing to do would be to order, if
25 I have to, disclosure of a sample number of those. Of
26 course, it might be then said that you have discovered the
27 ones which have got good results, but at least one can look
28 at them and reach a better view as to whether there is any
29 justification for ordering the discovery of all of them, if
30 indeed that is what the Defendants ask for.
31
32 MR. RAMPTON: My Lord, once again -- perhaps I am getting ahead
33 of the argument -- I hesitate before accepting any kind of
34 an indication like that, given that, since your Lordship's
35 ruling on the amendment, the Plaintiffs' complaint about
36 what the leaflet says about their attitude on animal
37 welfare is really now very precise, and for the Defendants
38 (as they repeatedly attempted to do in this case) to think
39 they are entitled to run some kind of audit of McDonald's
40 whole operation is just not right. They are not. This is
41 not an tribunal of inquiry; it is adversarial piece of
42 litigation with distinct issues.
43
44 MR. JUSTICE BELL: I will come back and hear any remaining
45 argument on that at two o'clock.
46
47 (Luncheon Adjournment)
48
49 2.00 p.m.
50
51 MS. STEEL: On the subject of the audit forms, the filled in
52 copies of them, I am sure that Dr. Gomez Gonzalez was
53 referring to audits which were carried out, at most, three
54 or four times a year, of suppliers. If that is correct,
55 then I feel that all the relevant forms for 1989 and 1990
56 ought to be disclosed.
57
58 Of the ones which Mr. Rampton says are a couple of times a
59 week, then I think that samples should be provided that are
60 filled in. I would specifically request ones in relation
