Day 124 - 10 May 95 - Page 42


     
     1        argument.  It does not help just to argue back "and
     2        McDonald's, I say, have done something wrong so I am
     3        entitled to do something wrong too".
     4
     5   MS. STEEL:  It is not that we are entitled to do something
     6        wrong.  I understand it may be frustrating to you that we
     7        are making comparisons, but to us it just feels like
     8        McDonald's are allowed to get away with all the things they
     9        get up to, even though they have a massive law firm and all
    10        the resources at their disposal, and when we do something
    11        similar we get it in the neck.
    12
    13   MR. JUSTICE BELL:  You are not getting it in the neck, I am
    14        trying to explain to you, and you do not seem willing to
    15        take it on board, what the position is with regard to
    16        discovery.  I think Mr. Morris appreciates it.  All he is
    17        saying is:  "Well you know, one has a lot to think about
    18        and this slipped through."  If that is what happened then
    19        I accept that.  One cannot get things right all the time,
    20        but what I am concerned about is when the position is
    21        explained to you again you do not accept it and complain
    22        about McDonald's, rather than accepting that here is
    23        another document which has got through the normal procedure
    24        that is all there is to it. Carry on with your
    25        cross-examination.
    26
    27   MS. STEEL:  I want to say something else.  I do not think it is
    28        that simple because on previous occasions when we brought
    29        up about documents that are to be disclosed, I think you
    30        actually said we should do some filleting out of things
    31        that are not relevant, otherwise we would end up with
    32        masses of the things that are nothing to do the pleadings.
    33
    34   MR. JUSTICE BELL:  That may be so, but in this case it clearly
    35        was thought to be relevant.  I can see how that might be
    36        thought when one reads that part of paper.  Leave it
    37        there.  We cannot go on having hassles as if it is a family
    38        deciding whether to go swimming or play tennis.
    39
    40   THE WITNESS:  My Lord -----
    41
    42   MR. JUSTICE BELL:  Do not you say something.  Carry on with your
    43        cross-examination.
    44
    45   MR. MORRIS:  If the Plaintiffs have in their possession any
    46        relevant documents regarding other countries using HCFCs,
    47        then we will expect them to be disclosed.
    48
    49   MR. JUSTICE BELL:  Quite frankly, I think you put it to him, it
    50        is a reflection of an argument and matters you put in 
    51        cross-examination before.  It is fair enough to put to it 
    52        Mr. Beavers because you just discovered it not so long 
    53        ago.  Therefore before you mount any argument on it, it is
    54        only right to put it to a witness from McDonald's.  That
    55        you have done.  I propose to put it in the back of your
    56        running bundle, until you tell me to put it somewhere else.
    57
    58   MR. MORRIS:  Except the current running bundle is employment.
    59
    60   MR. JUSTICE BELL:  It is tab 25.

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