Day 087 - 10 Feb 95 - Page 50
1 are 57N and the UK ones are the previous one, M.
2
3 MR. JUSTICE BELL: We did not really look at N, did we? They
4 were the American ones.
5
6 MR. RAMPTON: No, I do not think we really looked at them.
7 I think that is right. They are divided up in two ways,
8 nature of accident and place of accident -- a bit the same
9 as the English ones though in a somewhat different form.
10
11 MR. JUSTICE BELL: You did in argument earlier say that there
12 was a faintly complicated explanation which was going to be
13 reduced to writing so that -- you were too polite to say so
14 -- even I could understand it, but that was the gist of
15 it, was it not, Mr. Rampton?
16
17 MR. RAMPTON: It was but I think -- it is not for once my fault
18 -- somebody else crossed my wires and I think that these
19 documents are what they say they are on their face at the
20 heading. I repeat what is said in this letter that I gave
21 your Lordship a moment ago. These American statistics have
22 not been produced for the purposes of this action. They
23 have been extrapolated from a nationwide data base. How
24 difficult it would be to reproduce the database in court,
25 I am not willing even to begin to contemplate. They are
26 from McDonald's insurance department.
27
28 MR. MORRIS: We are prepared to accept disks because we can
29 check through disks.
30
31 MR. RAMPTON: I am not willing to disclose disks, I am afraid,
32 unless ordered to do so -- not in a million years.
33
34 MR. JUSTICE BELL: What is McCoco?
35
36 MR. RAMPTON: Those are company owned restaurants.
37
38 MR. JUSTICE BELL: Where did you say we could that see it was an
39 insurance -----
40
41 MR. MORRIS: It says "compensation claims" on the top.
42
43 MR. JUSTICE BELL: I see that, but that does not tell me that it
44 is -----
45
46 MR. RAMPTON: I tell your Lordship now -- if your Lordship wants
47 affidavit evidence about it, I have no doubt I can provide
48 it -- this, as one might expect, does, in fact, come
49 from McDonald's insurance department.
50
51 MR. JUSTICE BELL: From their insurance department?
52
53 MR. RAMPTON: Yes. Did I not say that?
54
55 MR. JUSTICE BELL: I probably misheard. I thought you were
56 saying it came from some insurer. Yes?
57
58 MR. RAMPTON: No, it is from McDonald's insurance department.
59 My Lord, I make the adamant stand that I do in relation to
60 what the Defendants call "underlying documents", both in
