Day 089 - 15 Feb 95 - Page 76


     
     1        relevance of the summaries for August 1984 and January
     2        1993, because those are the visits, the time of the visits
     3        made by Mr. North and before him Professor Jackson.  I do
     4        observe that there does not appear to be any indication
     5        that Mr. North actually ever asked to see any documents.
     6
     7   MS. STEEL:   I think the reason for that is because we were
     8        actually told by McDonald's ----
     9
    10   MR. JUSTICE BELL:  That does not matter because Mr. North is not
    11        conducting your case.
    12
    13   MR. RAMPTON:  No.  I do not at all mind producing, if Sun Valley
    14        will agree which it appears so far as Dr. Pattison is
    15        concerned they will, documents for Mr. North to look at.
    16        I do not understand what the relevance of June 1992 is
    17        supposed to be; still less do I understand why it might be
    18        not appropriate to produce documents of the kind we have
    19        already got in the files which have been disclosed
    20        by McDonald's last week.  It is conceivable of course that
    21        Ms. Steel wants to use them as to credit and that is not a
    22        proper reason to produce them.
    23
    24   MR. JUSTICE BELL:  This may or may not be right and if so we
    25        will have to have an argument about it by which I mean a
    26        legal argument, factual argument in court, and it means
    27        that we either have it first thing in the morning and
    28        I decide and the continuation of Mr. Pattison's evidence is
    29        delayed, or we have so much of the cross-examination as
    30        does not involve hygiene and then we have the argument and
    31        it is further delayed.
    32
    33        In relation to the 1995 and 1994 ones, it may be that your
    34        clients actually had them because it is said that they are
    35        produced in order to send to you.  I can see a relevance of
    36        those.  If there is a relevance of those, I can see that
    37        there could be a relevance of earlier ones to see that this
    38        is consistently the way matters are done, which I would not
    39        have thought just goes to the credit of the witness,
    40        whether Professor Jackson or Mr. North or Dr. Pattison, and
    41        the recent daily documents are really a test of what has
    42        happened most recently.
    43
    44        It sounds as if it is not a great inconvenience.  What is
    45        the difficulty about it?
    46
    47   MR. RAMPTON:  I do not know what the difficulty is, my Lord;
    48        I have not found out yet.  If we have any documents which
    49        we believe are relevant, and it may be that if we have
    50        those summaries for the time of Professor Jackson's visit 
    51        and, arguably, Mr. North's visit (though I have some 
    52        reservations about that), then they might have been 
    53        disclosable, they might still be disclosable.
    54
    55        I do observe, however, given that there is no distance,
    56        there is no issue at all between Mr. North and Professor
    57        Jackson so far as Sun Valley are concerned, one could argue
    58        (and I do not want to argue it and I am not asking your
    59        Lordship to hear argument) that they were not necessarily
    60        all relevant.  My Lord, I did say (and I meant it) that

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