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

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