Day 099 - 08 Mar 95 - Page 86
1 I am just not prepared to give even a provisional
2 indication of my decision until we have the information.
3 What I suggest you do overnight is look at this, think more
4 about what your stand is and consider it again tomorrow.
5 The Midland ones will be available tomorrow, will they,
6 Mr. Rampton?
7
8 MR. RAMPTON: I hope so, my Lord, yes.
9
10 MR. MORRIS: Can we ask that the finished product testing for
11 regular hamburgers also be available tomorrow as well,
12 which are only points 1 and 2 in section B, and the quarter
13 pounder, 6, because those seem to be the main items.
14
15 MR. JUSTICE BELL: How many are there in that? How many
16 documents in each of them?
17
18 MR. RAMPTON: I do not know. I will have to make enquiries. I
19 will do everything I possibly can in this case to help your
20 Lordship reach a proper decision. What I will not
21 willingly do is satisfy Mr. Morris' insatiable curiosity
22 for unnecessary information unless your Lordship directs
23 me.
24
25 MR. JUSTICE BELL: Quite candidly, "insatiable" means it can
26 never be satisfied.
27
28 MR. RAMPTON: Quite.
29
30 MR. JUSTICE BELL: One of the problems in this case is that, for
31 whatever reason, the Defendants have not had the facility
32 of inspection of various places. If they had had the
33 facility of inspection of various places, and if their
34 inspector had seen various documents, they might well have
35 produced a witness statement which meant that there was
36 absolutely no issue on the matter.
37
38 So long as they have not had the facility of inspection, it
39 seems to me that they are entitled to enquire further to
40 some extent, query how far, query how much documentation
41 will be involved. What I would like to know, which are the
42 ones again in the last section of finished product testing,
43 because anyone with his feet on the ground might think that
44 that is the most important of the lot.
45
46 MR. MORRIS: 1, 2 and 6.
47
48 MR. RAMPTON: My Lord, I will do what I can overnight is all
49 I can say.
50
51 MR. JUSTICE BELL: I mean, if the fact is that each of the
52 source documents for 1 to 7 under finished product testing
53 is, say, a 5 rather than a 10 or 15, you have only got 35
54 sheets of paper there altogether. Since it is the finished
55 product, it might be thought that, essentially, that is of
56 more significance than the raw material, just as the state
57 of the burger before it goes into the mouth of the customer
58 is even more important than the finished product as it
59 leaves McKey, we should be able to find some method of
60 producing sufficient documents for the Defendants to cast
