Day 052 - 21 Nov 94 - Page 58


     
     1        amend F were granted, what is there of which you think that
     2        you have not covered either with your witnesses so far
     3        in-chief or in cross-examination of the Plaintiffs'
     4        nutrition witnesses which you would wish to cover?
     5
     6        Unless there is anything more you want to say tonight, we
     7        will break off there and we will resume at 10.30 in the
     8        morning.
     9
    10   MR. MORRIS:  The other outstanding legal matters, what is the
    11        approach that we should take to those?
    12
    13   MR. JUSTICE BELL:  I think we ought to see how we go tomorrow on
    14        this aspect.  I will not give a decision on this aspect
    15        tomorrow.  I will go away and think about it and give my
    16        decision and my reasons for it in due course.  If the
    17        argument finishes tomorrow, I will possibly give the
    18        decision and the reasons for it next Monday morning if only
    19        because I think it is very important that we get on with
    20        Ms. Dibb without any further delay on Thursday morning and
    21        make sure we finish her this week.
    22
    23   MS. STEEL:  There is one thing on the list that is pretty urgent
    24        which is about whether Kasper van Erp should have to give
    25        evidence in person.  He is a packaging witness and that is
    26        supposed to be the next section that is coming up.  We did
    27        bring it up a long time ago but it was forgotten really.
    28
    29   MR. RAMPTON:  Not by us.
    30
    31   MR. JUSTICE BELL:  Remind me about him; I have not set about
    32        re-reading those witnesses.
    33
    34   MR. RAMPTON:  He is a Dutchman.  He is in England I think at the
    35        moment; I am not a 100 per cent sure.  He was when he wrote
    36        his statement.  On 27th June which was the first day of
    37        this trial before I opened the case, at page 35 Ms. Steel
    38        said: "We want to apply for Mr. Van Erp to attend court.
    39        I think when the Civil Evidence Act notice was served we
    40        did not really understand what they were. This was sometime
    41        last year, I think.  He is actually in this country. He
    42        lives in this country.  I do not know why he is not coming
    43        to court."
    44
    45        I explained to your Lordship that all he had done was to
    46        make some calculations about the volume of trees used by
    47        McDonald's for making paper in Europe on the basis of
    48        figures supplied to him by McDonald's suppliers who are a
    49        foreign corporation called Enzogoodsych.  I resisted the
    50        suggestion that he should be called for that reason.  Your 
    51        Lordship said to the Defendants (this is on page 36 at 
    52        line 7) "Look, I will tell you what, if all that he is 
    53        doing is a calculation, if that all he is in there for, his
    54        statement, presumably, does not add anything which cannot
    55        be worked out from the other documentation.  You have a
    56        live witness."  (Maybe at that time that was Vickie
    57        Carroll, I do not know).  "If on reflection you think there
    58        was something you wanted to put to him, I can see some
    59        point in him actually been here.  I suggest you try by 4.30
    60        tomorrow afternoon to have another look at that, and if

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