Day 149 - 06 Jul 95 - Page 29


     
     1        ones we have.  They were done by Mark's, or whatever.  They
     2        are obviously compilation.  My Lord, it was document E,
     3        behind Lyn Mead's statement, which is tab 7 of volume X.
     4        My Lord, I think it is the last of the documents, the
     5        printouts in E, which I seem to remember was the sixth
     6        page.  Yes, it is.  One sees the two quarters from one year
     7        and one from a different year, where one has not only the
     8        actual turnover percentages, but one has the numbers of
     9        people that give rise to the calculation.
    10
    11   MR. JUSTICE BELL:  The equivalent for that would be not to have
    12        them all month by month, but year, to date figures at the
    13        end of one particular year.
    14
    15   MR. RAMPTON:  It would be the equivalent.  As I say, if it can
    16        be done for the years '88, '89 and '90 without a huge
    17        amount of time and expense, then no doubt it would be
    18        done.  But I do not know whether it can be or not.  All
    19        I would say is that I question whether it is even worth
    20        bothering with.  My Lord, I will leave that to
    21        your Lordship.
    22
    23        Much of what I have to say in the area of discovery
    24        throughout the course of this case has been governed of
    25        course, in part, by the question of relevance, but also
    26        because I continually keep my eye on the question:  is the
    27        discovery necessary?
    28
    29   MR. JUSTICE BELL:  Yes.
    30
    31   MR. RAMPTON:  That is one area where I would submit that it may
    32        well not be -- only, really, so that Ms. Steel can see if
    33        she can make some criticisms of percentages.  One asks the
    34        question:  if that be the proposed exercise, what on earth
    35        is the point of it, given that only broad excesses over
    36        100 per cent really have any significance?
    37
    38        My Lord, the list of beef suppliers.  Now we have to admit
    39        to having overlooked something.  They were sent to us,
    40        my Lord. (Pause)  We got it last night.  I was about to
    41        make an apology that we had been sitting on it.  Not so.
    42        They have arrived.  They relate only to one year, because
    43        that is all the records there are; and I think the year is
    44        this year.  I am told -- I am not giving evidence -- that
    45        they have not changed since at least 1989, and probably
    46        earlier.  Some of the names have changed, but that is all.
    47        I will pass up copies.
    48
    49   MR. JUSTICE BELL:  So you are saying that lists or readily
    50        available material from which lists could readily be made, 
    51        which was really the essence of what I ruled before --- 
    52 
    53   MR. RAMPTON:  It was, yes.
    54
    55   MR. JUSTICE BELL:  -- is just available for ---
    56
    57   MR. RAMPTON:  -- for the current period.  There is no reason why
    58        a company like McDonald's should keep that kind of idiotic
    59        historical information, unless there is some reason to keep
    60        it.  We can, we know, find out from other sources of

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