Day 205 - 17 Jan 96 - Page 29
1 MR. MORRIS: The second sentence in 26/2/2 is: "He is bound to
2 answer as to his own individual knowledge" -- which of
3 course Mr. Stein has done -- "and to get information from
4 other servants or agents of the corporation or company who
5 have personally conducted the transaction or have vital
6 knowledge as such servants or agents. An answer confined
7 to his own knowledge is insufficient. It is his duty to
8 make inquiries among the other officials and servants of
9 the company."
10
11 It then goes on to say: "In order to show the duty has
12 been complied with, the person answering the
13 interrogatories should include in the answers a statement
14 in general terms that he is attempting to discharge his
15 duty", et cetera.
16
17 MR. JUSTICE BELL: All this is if an interrogatory is actually
18 served with my leave.
19
20 MR. MORRIS: That is what I am arguing, that the serving of an
21 interrogatory is compelling the Company to make all
22 diligent inquiries to the relevant people. McDonald's have
23 said in court that they have regional officials who monitor
24 the day-to-day workings of their stores and who presumably
25 know about when the stores are fined or criticised by the
26 local authorities for violating the laws, because it is a
27 condition (they say) in the contract that they have to
28 adhere to laws. So, obviously, the breaking of laws would
29 be a matter for the corporation to be involved and to take
30 action and no doubt to issue press statements or whatever.
31
32 So, it is clear from 26/2/2 that Mr. Stein's voluntary
33 statement where he only checked records is a completely
34 different kettle of fish from an interrogatory where he
35 would be under obligation to make all diligent inquiries of
36 all the relevant people. On those grounds, Mr. Rampton, we
37 would say, is incorrect in saying that has all been dealt
38 with and let us all forget about it. Really, I cannot see
39 any problem. I am sorry to get slightly -----
40
41 MR. JUSTICE BELL: I have to say, I will give a short ruling on
42 it, but I am against you at the moment because I do think,
43 with my experience, that the answer which has been given by
44 Mr. Stein in a corporation of this size would be a
45 sufficient answer to an interrogatories to the same
46 effect. Have you actually made any inquiries yourself, for
47 instance, of any authority in the United States? You have
48 some -----
49
50 MR. MORRIS: It is not conceivable that we have the time and
51 ability to do these kind of inquiries.
52
53 MR. JUSTICE BELL: It does not follow from that that your
54 opponent should do them for you, you see. Let us just have
55 a look. Refer me to the parts of what you say is the Civil
56 Evidence Act evidence of Mr. Stein to the Congressional
57 Committee which might cover this, in broad terms.
58
59 MR. RAMPTON: My Lord, may I advance beyond the bar and get a
60 bit of paper which I do not have?
