Day 089 - 15 Feb 95 - Page 76
1 relevance of the summaries for August 1984 and January
2 1993, because those are the visits, the time of the visits
3 made by Mr. North and before him Professor Jackson. I do
4 observe that there does not appear to be any indication
5 that Mr. North actually ever asked to see any documents.
6
7 MS. STEEL: I think the reason for that is because we were
8 actually told by McDonald's ----
9
10 MR. JUSTICE BELL: That does not matter because Mr. North is not
11 conducting your case.
12
13 MR. RAMPTON: No. I do not at all mind producing, if Sun Valley
14 will agree which it appears so far as Dr. Pattison is
15 concerned they will, documents for Mr. North to look at.
16 I do not understand what the relevance of June 1992 is
17 supposed to be; still less do I understand why it might be
18 not appropriate to produce documents of the kind we have
19 already got in the files which have been disclosed
20 by McDonald's last week. It is conceivable of course that
21 Ms. Steel wants to use them as to credit and that is not a
22 proper reason to produce them.
23
24 MR. JUSTICE BELL: This may or may not be right and if so we
25 will have to have an argument about it by which I mean a
26 legal argument, factual argument in court, and it means
27 that we either have it first thing in the morning and
28 I decide and the continuation of Mr. Pattison's evidence is
29 delayed, or we have so much of the cross-examination as
30 does not involve hygiene and then we have the argument and
31 it is further delayed.
32
33 In relation to the 1995 and 1994 ones, it may be that your
34 clients actually had them because it is said that they are
35 produced in order to send to you. I can see a relevance of
36 those. If there is a relevance of those, I can see that
37 there could be a relevance of earlier ones to see that this
38 is consistently the way matters are done, which I would not
39 have thought just goes to the credit of the witness,
40 whether Professor Jackson or Mr. North or Dr. Pattison, and
41 the recent daily documents are really a test of what has
42 happened most recently.
43
44 It sounds as if it is not a great inconvenience. What is
45 the difficulty about it?
46
47 MR. RAMPTON: I do not know what the difficulty is, my Lord;
48 I have not found out yet. If we have any documents which
49 we believe are relevant, and it may be that if we have
50 those summaries for the time of Professor Jackson's visit
51 and, arguably, Mr. North's visit (though I have some
52 reservations about that), then they might have been
53 disclosable, they might still be disclosable.
54
55 I do observe, however, given that there is no distance,
56 there is no issue at all between Mr. North and Professor
57 Jackson so far as Sun Valley are concerned, one could argue
58 (and I do not want to argue it and I am not asking your
59 Lordship to hear argument) that they were not necessarily
60 all relevant. My Lord, I did say (and I meant it) that
