Day 124 - 10 May 95 - Page 42
1 argument. It does not help just to argue back "and
2 McDonald's, I say, have done something wrong so I am
3 entitled to do something wrong too".
4
5 MS. STEEL: It is not that we are entitled to do something
6 wrong. I understand it may be frustrating to you that we
7 are making comparisons, but to us it just feels like
8 McDonald's are allowed to get away with all the things they
9 get up to, even though they have a massive law firm and all
10 the resources at their disposal, and when we do something
11 similar we get it in the neck.
12
13 MR. JUSTICE BELL: You are not getting it in the neck, I am
14 trying to explain to you, and you do not seem willing to
15 take it on board, what the position is with regard to
16 discovery. I think Mr. Morris appreciates it. All he is
17 saying is: "Well you know, one has a lot to think about
18 and this slipped through." If that is what happened then
19 I accept that. One cannot get things right all the time,
20 but what I am concerned about is when the position is
21 explained to you again you do not accept it and complain
22 about McDonald's, rather than accepting that here is
23 another document which has got through the normal procedure
24 that is all there is to it. Carry on with your
25 cross-examination.
26
27 MS. STEEL: I want to say something else. I do not think it is
28 that simple because on previous occasions when we brought
29 up about documents that are to be disclosed, I think you
30 actually said we should do some filleting out of things
31 that are not relevant, otherwise we would end up with
32 masses of the things that are nothing to do the pleadings.
33
34 MR. JUSTICE BELL: That may be so, but in this case it clearly
35 was thought to be relevant. I can see how that might be
36 thought when one reads that part of paper. Leave it
37 there. We cannot go on having hassles as if it is a family
38 deciding whether to go swimming or play tennis.
39
40 THE WITNESS: My Lord -----
41
42 MR. JUSTICE BELL: Do not you say something. Carry on with your
43 cross-examination.
44
45 MR. MORRIS: If the Plaintiffs have in their possession any
46 relevant documents regarding other countries using HCFCs,
47 then we will expect them to be disclosed.
48
49 MR. JUSTICE BELL: Quite frankly, I think you put it to him, it
50 is a reflection of an argument and matters you put in
51 cross-examination before. It is fair enough to put to it
52 Mr. Beavers because you just discovered it not so long
53 ago. Therefore before you mount any argument on it, it is
54 only right to put it to a witness from McDonald's. That
55 you have done. I propose to put it in the back of your
56 running bundle, until you tell me to put it somewhere else.
57
58 MR. MORRIS: Except the current running bundle is employment.
59
60 MR. JUSTICE BELL: It is tab 25.
