Day 115 - 06 Apr 95 - Page 54


     
     1
     2   MR. JUSTICE BELL:  First of all, let us come to that, but I have
     3        started a new volume which is Defendants' Supplementary
     4        documents volume VI.  The first matters I have put in that
     5        I have labelled tab 22.  It is the FAWK 1984 Report on the
     6        Welfare of Livestock (Red Meat Animals) at the Time of
     7        Slaughter.  I have made the documents which you handed up a
     8        few minutes ago tab 22 in the same volume.
     9
    10   MS. STEEL:  Can I just ask, could they possibly be put the
    11        letters separate from these because I wanted to do a Civil
    12        Evidence Notice just on those.
    13
    14   MR. JUSTICE BELL:  I will make the letter 22 and I will make the
    15        other documents 23.
    16
    17   MS. STEEL:   It is basically the rates of the catching teams,
    18        the numbers in the catching teams and the speed at which
    19        they were expected to work which tallies with what
    20        Mr. Bruton says anyway.  They are Sun Valley Poultry
    21        documents.
    22
    23   MR. JUSTICE BELL:  What are you seeking to do?  Make them
    24        subject to a Civil Evidence Act Notice of statements of
    25        Mr. Boule or what?
    26
    27   MS. STEEL:  I do not really know, to be honest.  I mean, there
    28        are some documents that have Civil Evidence Act notices on
    29        them in the files already.  For example, letters about the
    30        rainforests and things like that.  Really, it was along
    31        those kinds of lines.
    32
    33   MR. JUSTICE BELL:  I have taken those -- you correct me and
    34        I will ask Mr. Rampton what, if anything, he wishes to say
    35        in a moment -- as statements, treated as statements, of the
    36        people who made the document or wrote the letter.  There
    37        may well be some which are in a different category or
    38        subject to a provision, another provision.  Let me ask Mr.
    39        Rampton what he says about it.
    40
    41   MR. RAMPTON:  My Lord, in the normal way, subject to the service
    42        of a counter notice and compliance with that counter
    43        notice, a statement of fact made in a document which is, as
    44        it were, an historical account of an event which has
    45        happened will become direct evidence or admissible evidence
    46        of what the document says.
    47
    48        Your Lordship notices that this document is headed Proposal
    49        formed between catcher representatives and management on
    50        Monday 21st October 1991.  It suggests, I do not know, 
    51        there is no evidence about it, but on its wording, that it 
    52        is what it says it is which is a proposal.  It would follow 
    53        that it would not be evidence of any actual factual
    54        historical situation.
    55
    56   MS. STEEL:  There are actually three separate documents there.
    57
    58   MR. RAMPTON:  Apart from the proposal that is being made.  I am
    59        talking about the first document.  Then there are other
    60        documents as well.  What that means is that, strictly

Prev Next Index