Day 205 - 17 Jan 96 - Page 51


     
     1   MR. JUSTICE BELL:  Let us take them one by one.  Do you know
     2        what the answer to that is, Mr. Rampton?
     3
     4   MR. RAMPTON:  I know the answer to that question, yes: they have
     5        got the correct questionnaire, and that has been
     6        confirmed.  There are a couple of points -- and I am
     7        disadvantaged (a) because I do not have the correspondence
     8        and (b) because I have not been dealing with it,
     9        Mrs. Brinley-Codd has -- there were a couple of points
    10        which Mrs. Brinley-Codd was not able to answer
    11        immediately.  She needed Mr. Fairgrieve's -- and correct me
    12        if I am wrong -- help with those.  She spoke to him.  He
    13        said he could not tell what the answer was -- not that
    14        first question which she has answered -- he could not tell
    15        what the answer was without actually seeing the documents.
    16        The documents which Mrs. Brinley-Codd needed to help
    17        Mr. Fairgrieve give the answers to two remaining points
    18        were stuck in court over Christmas.  It is as simple as
    19        that.  Of course, it is one of the many things we have to
    20        attend to, and it is no reluctance on our part.
    21        Mr. Fairgrieve is not coming back, it looks now, until
    22        towards the end of this term, in any case.  But we
    23        certainly will attend to it.  But if Ms. Steel is fretting
    24        about the answer to that specific question, the answer is,
    25        yes, that is the document she has already got.
    26
    27   MR. JUSTICE BELL:  You had another point on that.
    28
    29   MS. STEEL:   Yes.  I mean, they did not notify us of that, so it
    30        is not particularly surprising that I have brought it up.
    31        The second thing is, the third paragraph of my
    32        letter: "Please can you also provide copies of page 5 of
    33        McDonald's brand audit research dated 29th April 1992 as
    34        this page is missing from the document."
    35
    36        The Plaintiffs replied: "With regard to page 5 of the brand
    37        audit research, our own copy has page 5 missing and we are
    38        asking our clients for a copy of page 5 to assert whether
    39        it was admitted in error or because it was not relevant.
    40        Again, we will let you know the position."
    41
    42        Again, I have not heard anything from the Plaintiffs since
    43        15th December about that.
    44
    45   MR. JUSTICE BELL:  Do you know what the position is there?
    46
    47   MR. RAMPTON:   No, I do not.  We need to see the letter.
    48        Apparently, we (the lawyers) had the original and
    49        Mr. Fairgrieve does not have a copy.  Mrs. Brinley-Codd has
    50        to sort through the files at the office and see whether 
    51        that page was omitted deliberately or in error, because we 
    52        certainly did not -- at any rate, I remember in one respect 
    53        of one or two of the documents, we did not deliberately
    54        serve the whole document, because a good deal of it was not
    55        relevant; and it may be that page 5 is included in that.
    56        But Mrs. Brinley-Codd is attending to it, I assure
    57        your Lordship.
    58
    59   MR. JUSTICE BELL:  No doubt Mrs. Brinley-Codd has a lot on her
    60        plate, but I would be grateful if it could be seen to as

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