Day 009 - 08 Jul 94 - Page 22
1 before 12 o'clock.
2 (Adjourned for a short time)
3 MR. MORRIS: Just to finish off this issue, hopefully. Do you
anywhere in your publicity since 1991, so far as you know,
4 still use the word "recycled" for material that includes
both pre -- not "do you ever", but do you use the word
5 "recycled" in your publicity which includes both pre and
post-consumer waste?
6 A. Yes.
7 Q. It is still generically known as recycled paper?
A. Yes.
8
Q. Are you aware that -- I have a document here but we have
9 not a copy because it was sent to us, I think, last week
from the Assistant Attorney General of the State of
10 Texas. It is the green report. Are you aware of this
document?
11 A. That is what I was referring to in my testimony. Is
that two or one?
12
MR. MORRIS: Two.
13
MR. RAMPTON: My Lord, I have to say this. If relevant
14 documents come into the possession of either party at any
time they should be disclosed. This came last week, I
15 understand.
16 MISS STEEL: No, it was sent last week. It arrived yesterday.
17 MR. JUSTICE BELL: Whatever the rights and wrongs of this, I
think -----
18
MR. RAMPTON: All I am saying I have not seen it.
19
MR. MORRIS: I will show it to Mr. Rampton. We will get copies
20 made and disclose it.
21 MR. JUSTICE BELL: If documents come into the possession of
either party during the trial which are relevant to an
22 issue and, therefore, for instance, would be put on a list
and disclosed, had it happened three months before, they
23 are, nevertheless, disclosable. It does not depend upon
whether you intend to put it to a witness.
24
MR. MORRIS: Yes.
25
MR. JUSTICE BELL: The documents are disclosable. That applies
26 to both sides..
27 MISS STEEL: Mr. Langert has just said he has seen a copy, so
the plaintiffs could have disclosed one as well.
28
MR. JUSTICE BELL: I am not speaking about this document now;
29 just in case you did not realise that is the practice
which should be followed. So if McDonald's find a
30 document which they have not previously found, like that
file they spoke about a few weeks ago, if in the course of
