Day 062 - 06 Dec 94 - Page 41
1 they got the right to have those copies?
2 A. Yes.
3
4 MR. MORRIS: May suggest that any documents that Mr. Van Erp has
5 are disclosable in any event in that case as they,
6 McDonald's, have power over them, which will save us having
7 to argue over each one.
8
9 MR. JUSTICE BELL: Have you had a search to see if you can find
10 any documents which might help as to at what dates ---
11 A. Yes, we have.
12
13 Q. -- items went into recycled material and were increased and
14 so on?
15 A. Most of those documents have already been -----
16
17 Q. Yes. Have you found any more, though?
18 A. No, this was one of them that helped me give a date.
19
20 Q. But are there any others that you are aware of apart from
21 the ones which have gone to Barlow Lyde & Gilbert in the
22 first place?
23 A. No, not to my knowledge. I have got one that supports
24 this, but exactly the same statement is basically made from
25 us to McDonald's, but that says nothing more. And that was
26 it. We have gone through all our files because we have had
27 the question, obviously, before us, but I have not been
28 able to find anything more than what we have so far.
29
30 MR. MORRIS: We will come on to it later. You talked about
31 surveys that you did, questionnaires ---
32 A. Yes.
33
34 Q. -- to all the branches? Would the results of that survey
35 be somewhere in the Perseco ---
36 A. Yes.
37
38 Q. -- files somewhere?
39 A. Yes.
40
41 Q. Because that was, you can remind me, something you did
42 fairly early on, was it not, to establish what the
43 situation was?
44 A. Yes, that was the basis for the material usage report
45 -- that still is the basis for the material usage report
46 -- is we send a questionnaire out to the suppliers with
47 specifics on weight, composition of material and on
48 transportation packaging etc. which enable us to make the
49 material usage overviews that we do. That obviously has
50 changed over the years as well but ......
51
52 MR. JUSTICE BELL: You see, there are two issues, two matters,
53 to consider, Mr. Morris -- two practical, one technical
54 matter and one which is a very practical matter -- the
55 first is whether the document is discoverable, the second
56 is whether anyone actually wants it. If, for instance,
57 there is a material usage report or summary taken from that
58 and you are minded to accept that or not challenge that
59 anyway, there may not be much point in going to the source
60 material, so there is a very grave risk in a case like this
