Day 241 - 26 Apr 96 - Page 21
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2 MR. JUSTICE BELL: She is G5.
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4 MR. MORRIS: G 5. I have got Franz Wirtz as G5. If I can -----
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6 MR. JUSTICE BELL: Franz Wirtz is L6.
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8 MR. MORRIS: She is L6. Right. The problem about her statement
9 is that it is about, effectively, the McDonald's own
10 leaflet and we could argue that it is evidence in its own
11 right of what McDonald's were saying. The only thing about
12 her statement is that it was -- she is saying, she is
13 verifying that it was still being circulated in January
14 1994, and we wish to rely on the fact that McDonald's was
15 still circulating clearly inaccurate material as --
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17 MR. JUSTICE BELL: Well -----
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19 MR. MORRIS: -- after the pleading.
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21 MR. JUSTICE BELL: Leave that out for the moment. Whether it is
22 inaccurate --
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24 MR. MORRIS: Yes, that material.
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26 MR. JUSTICE BELL: -- you want to -----
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28 MR. MORRIS: It is the fact that it was being circulated.
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30 MR. JUSTICE BELL: That is the McDonald's information sheet, or
31 whatever it is called, which is behind her statement, is
32 it?
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34 MR. MORRIS: That is correct. So, I am sure McDonald's will not
35 deny or challenge it.
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37 MR. JUSTICE BELL: Are you really asking if McDonald's accept
38 the second and third paragraphs of her statement?
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40 MR. MORRIS: Yes, that is correct. In which case we do not need
41 to call her as a witness.
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43 MR. RAMPTON: I have no idea but I am sure we do. I have read
44 this information sheet and I see nothing in it that causes
45 me the least concern.
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47 MR. JUSTICE BELL: I am trying to keep away from arguments on
48 merits in the course of these.
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50 MR. RAMPTON: I understand that, but I do not know, I will check
51 whether it was still in.
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53 MR. JUSTICE BELL: Can a check be made, because if there is no
54 issue about it I can take that as an agreed fact.
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56 MR. RAMPTON: Yes certainly. For all I know, it may, I hope,
57 may well still be in circulation but I will check that out.
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59 MR. MORRIS: The next one is very similar. It is a
60 supplementary statement to Patrick Smith who is a
