Day 083 - 06 Feb 95 - Page 61
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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.
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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.
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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.
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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?
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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
