Day 087 - 10 Feb 95 - Page 49
1 reason why I would not is, first, because the vast volume
2 that would then emerge has comparatively trivial value so
3 far as the issues in the case are concerned. Second, and
4 much more important because I doubt whether actually that
5 documentation goes to anything more than Mr. Walker's
6 credit, he having mentioned that fact in answer to
7 Mr. Morris' offensive allegation that he was lying which
8 your Lordship will remember Mr. Morris resolutely refused
9 to withdraw, and if that were right, why then, no discovery
10 follows in any event. Even if that were not right, I would
11 urge your Lordship to use the old fashioned word which
12 nobody seems to use any longer, discovery in relation to
13 that question, "How many burgers a day are destroyed for
14 the purposes of testing?" would be wholly oppressive.
15
16 A halfway house might be, and I put this forward now in
17 case your Lordship had a doubt about it, for some person at
18 McKey's to make a short written statement, perhaps an
19 affidavit would be the right way of doing it, saying that
20 he did the calculation and this is what the figure was if
21 it needed verifying. But I have to say I would only do
22 that with great reluctance, it being my submission that the
23 evidence of Mr. Walker on that question is quite credible
24 enough as it stands.
25
26 My Lord, that I think is all, I was starting on Jarret.
27 All I say about that is that we obviously, whatever the
28 position might be in relation to McKey and Sun Valley, we
29 have no contractual or any other relationship with Jarret
30 or any other secondary supplier, such as G.D. Bowes in
31 Norfolk. There is no way in which we can be expected to
32 obtain any of their documents.
33
34 This is one of the things I was thinking about when I said
35 we would ask Mr. Walker; it might be that McKey have again
36 only in a limited range documents relating to Jarret
37 themselves. I am not offering to ask them for more than,
38 for example, the follow-up report in June 1993 or later of
39 Mr. Peter Mitchell who audited them at the beginning of
40 that month, that sort of thing. If the Defendants want
41 more than that, then they must persuade your Lordship that
42 McDonald's have those documents in their power and also
43 that they are necessary for the fair disposal of the
44 action.
45
46 My Lord, then I pass to employment. I do not know if I am
47 in the same order as your Lordship, but I think I wrote
48 them down as they cropped up. Original documents
49 underlying the accident statistics both for this country
50 and -----
51
52 MR. JUSTICE BELL: Yes, could you give me the reference to those
53 again? Obviously, I can find then in the transcript or my
54 notebook, but if I can note it now it would be easier.
55
56 MR. MORRIS: It is one of those 57M, N, O, or something, I think
57 it is.
58
59 MR. RAMPTON: Here we are; the magic list. Volume XIII of the
60 pink ones, my Lord. Section D, the US accident statistics
