Day 164 - 26 Sep 95 - Page 27
1 I think perhaps it does not matter for these purposes.
2 It is yellow XIII. This is a Civil Evidence Act statement.
3
4 MR. RAMPTON: It is, my Lord, yes. I think it has, in fact,
5 been sworn.
6
7 MR. MORRIS: There are two questions I have to say. If no
8 reports exist, then Mr. Richard Marcheid has not any
9 evidence to offer the court.
10
11 MR. JUSTICE BELL: I am only interested in discovery at the
12 moment.
13
14 MR. MORRIS: Yes, I understand.
15
16 MR. JUSTICE BELL: I am not interested in where we go if the
17 situation is that there is no statement or none is
18 produced. More, I do not believe that they have not got a
19 copy of the report. I think there may be an administrative
20 trick going on here.
21
22 If we look in Mr. Marcheid's statement in the second page,
23 third paragraph ---
24
25 MR. JUSTICE BELL: Yes.
26
27 MR. MORRIS: -- as I wrote to the Plaintiffs on 18th September,
28 the third paragraph, third line refers to a full study
29 report, "results documented in the full study report".
30 Then in the fifth paragraph it starts: "At the conclusion
31 of the study", "We summarised the background, scope,
32 objectives, methodology and analytical results in a final
33 report". I believe there would have been a full study
34 report which would have had all the data, and a final
35 report which would have analysed that data in a form to be
36 given to McDonald's. In fact, McDonald's -----
37
38 MR. JUSTICE BELL: That is not how I read it. I had identified
39 the final report -- he says: "We summarised the
40 background, scope, objectives, methodology and analytical
41 results in a final report". I read it as there being a
42 final report which included an executive summary. Rightly
43 or wrongly, this is his Civil Evidence Act evidence. He
44 says that that is the document which we have got in our
45 bundle, i.e. the executive summary, but that is all for
46 argument in due course if it is thought that it will really
47 help me to resolve an issue in this case.
48
49 MR. MORRIS: As long it is clear that the Plaintiffs are saying
50 now publicly that they have none of those documents
51 mentioned in the statement of Mr. Richard Marcheid except
52 the executive summary. Can we just ask Mr. Rampton to
53 clarify that?
54
55 MR. JUSTICE BELL: Just pause for a moment.
56
57 MR. RAMPTON: It is very clear, my Lord. I said that on
58 instructions (because I had enquiries made at the time when
59 Mr. Stein was here) McDonald's themselves have none of the
60 original study or report, call it what you like, whether it
