Day 079 - 27 Jan 95 - Page 47


     
     1
     2   MR. RAMPTON:  I know it to be the fact, whether the Defendants
     3        were told or not I am not so sure of.  It is a good thing
     4        he is out of the room because I am giving evidence for him
     5        at the moment.
     6
     7   MR. JUSTICE BELL:  It does not matter if Mr. Walker is not here.
     8
     9   MR. RAMPTON:  No, exactly.  Yes, my Lord.  By a letter dated
    10        26th May 1994 to both Defendants -- this copy is addressed
    11        to Ms. Steel -- Sun Valley were said to have agreed.  They
    12        subsequently changed their minds when they found that it
    13        was Miss Clare Druce who was supposed to visit them.  But
    14        Barlow's wrote to the Defendants:  "We enclose a copy of a
    15        letter from David Walker to our clients from which you will
    16        see that it is a condition that your expert" -- this is for
    17        a visit to McKeys -- "be accompanied by our clients' expert
    18        witness and a member of our firm.  Furthermore, you will
    19        see that McKey's are not prepared to ask their suppliers
    20        whether or not your expert can visit their premises."
    21
    22        There is a letter enclosed from to Mr. Oakley from
    23        Mr. Walker.  He says:  "After in-depth discussion and
    24        giving special consideration to the fact that one of our
    25        suppliers has been seriously affected by the activities of
    26        extremists, we do not consider it would be diplomatic to
    27        ask if representatives of London Greenpeace can visit the
    28        premises.  This also applies to the pork supplier and I
    29        would ask that McDonald's do not approach these suppliers
    30        direct ..."
    31
    32   MR. MORRIS:  Right.
    33
    34   MR. RAMPTON:  So, if they want to cross-examine Mr. Walker about
    35        that, they are welcome to do so.
    36
    37   MR. MORRIS:  I thought that the Plaintiffs have an obligation to
    38        ask their suppliers for our experts to make a visit because
    39        that is what was decided by the court.
    40
    41   MR. JUSTICE BELL:  I do not know whether there is any prospect
    42        of finishing Mr. Walker this afternoon, but what we have to
    43        do -- we have done it in the past -- what we have to filter
    44        out is what arguments must take place during a witness's
    45        evidence and what can be left over until that witness is
    46        out of the witness box and on his way home or back to his
    47        work.  By all means address me later on the rights and
    48        wrongs of inspections, but at the moment focus on the
    49        matters which you can legitimately ask Mr. Walker as a
    50        witness. 
    51 
    52   MR. MORRIS:  Just in terms of administration, the problem is 
    53        that lots of things come up as we are talking and they do
    54        not get dealt with and then it is really hard to -----
    55
    56   MR. JUSTICE BELL:  I know but we should be able to cope with
    57        that just by making a note in relation to it, that it is a
    58        matter which has been put over with a view to
    59        inconveniencing the witness as little as possible.
    60

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