Day 070 - 20 Dec 94 - Page 21
1
2 "McDonald's Germany has only retained a copy of the court
3 order which has been disclosed. Whilst it would have had
4 other documents relating to these matters, these would have
5 been destroyed in the normal course of business some years
6 ago."
7
8 MR. RAMPTON: My Lord, the application was for a copy of the
9 Gunther Walraff book "Ganz Unten", Munich case papers.
10
11 MR. MORRIS: The reason I could not find that is because it says
12 "see paragraph 4V above".
13
14 MR. JUSTICE BELL: That is paragraph 4V, in fact. It is 3V, it
15 should be, because 4 is later.
16
17 MR. MORRIS: The thing is, it says "such papers as the
18 Plaintiffs have". I do not know if the Plaintiffs are
19 under a misapprehension, or Mr. Nicholson is, that it
20 relates to papers they have in their possession. It also
21 relates to papers they have power or control over. I would
22 have thought, if it is a court case, then the solicitors
23 retain the papers.
24
25 MR. JUSTICE BELL: No.
26
27 MR. MORRIS: That they have access.
28
29 MR. JUSTICE BELL: That does not necessarily follow.
30
31 MR. MORRIS: The answer he gives is that they do not have the
32 documents.
33
34 MR. JUSTICE BELL: What they are saying is that they only have a
35 copy of the court order, and that they have disclosed
36 that. That may be an unhappy state of affairs from your
37 point of view, but that is the answer to it.
38
39 MR. MORRIS: Yes.
40
41 The next item is disposables and reusables, which we will
42 be calling a witness to deal with that issue: Ms. Link.
43 In the Plaintiffs' pink file Volume V, page 724, there is a
44 list of documents that they had in October 1991 in their
45 environmental library. We would like documents 1, 2, 5
46 and 11.
47
48 MR. JUSTICE BELL: Let me just look at those. One looks very
49 much like the survey which was specifically mentioned in
50 the evidence, does it not?
51
52 MR. MORRIS: Yes. I think number 5 was also specifically
53 mentioned -- the electro watt.
54
55 MR. JUSTICE BELL: What are you asking in relation to those?
56 You are asking for a sight of those so that you can take
57 copies, if they are still available in their library, are
58 you?
59
60 MR. MORRIS: If they are in McDonald's possession here or in
