Day 082 - 01 Feb 95 - Page 05

     
     1        have been in particular about item (1).  I think I know
     2        what some of the things might be, but if there is to be a
     3        substantial application for discovery then, for the
     4        convenience of my people, at least, I do believe that the
     5        Defendants should go through the documents they want and
     6        say what precisely it is they think McDonald's should
     7        either disclose, or prevail upon their suppliers to
     8        disclose, and not just put down broad categories for what
     9        one might call inchoate discussion in court.
    10
    11   MR. JUSTICE BELL:  Right.  Let us just look at the schedule
    12        first and then come back to that.  What you, Ms. Steel and
    13        Mr. Morris, were hoping is that Friday of this week would
    14        be -- I wrote "rest day", personally I have not found the
    15        days out of court rest days at all, so I will put
    16        "preparation day", and it was hoped that there would be
    17        some preparation time at the end of next week, as you have
    18        mentioned in any event.
    19
    20   MR. RAMPTON:  Yes.
    21
    22   MR. JUSTICE BELL:  It seems to me that it does not really matter
    23        precisely when those days are as long as they crop up
    24        before the next witnesses for which you need to do more
    25        serious preparation.
    26
    27   MR. RAMPTON:  That is perhaps another reason not to start
    28        Mr. Atherton until Tuesday, although, as I say, I intend to
    29        keep him as short as can, he does cover quite a lot of
    30        detail and one has experienced in the past -- this is not
    31        meant in any critical way at all -- occasions when the
    32        Defendants are arguably not quite ready for
    33        cross-examination, the result has been that there has been
    34        something of an enquiry rather than a cross-examination of
    35        one's witness.  That might be avoided to a large extent if
    36        there was an extra day before he is called.
    37
    38        As I say -- I know I am repeating myself and I apologise
    39        for it -- this question of discovery is not simply just a
    40        question of jotting down some categories or, indeed, names
         of some people.  It ought, in our respectful submission, to
    42        be specific so that we may be able to say:  "Well, that is
    43        fine; we do not have to have an argument about it", having
    44        consulted our people and their supplier.
    45
    46   MR. JUSTICE BELL:  But do you have any objection -- I would have
    47        thought if we started Mr. Atherton on Tuesday morning?
    48
    49   MR. MORRIS:  We have no objection to starting Mr. Atherton on
    50        Tuesday. 
    51 
    52   MR. JUSTICE BELL:  Then I see considerable sense in having the 
    53        argument, any argument, on the topics on your list next
    54        Monday, but I do think it would be helpful if you could go
    55        through your list -- I am not inviting you to argue it ---
    56
    57   MR. MORRIS:  No, I understand that.
    58
    59   MR. JUSTICE BELL:  -- but expand on it a bit.  Can I start by
    60        saying what I wanted to say, the point I wanted to mention