Day 082 - 01 Feb 95 - Page 11

     
     1
     2   MR. MORRIS:  We have a 1993 one.
     3
     4   MR. JUSTICE BELL:  That is OK.  Get that out for a moment -- I
     5        am not saying you have to do this -- look at order 24, rule
     6        7.
     7
     8   MR. MORRIS:  It says "Richard Rampton QC".
     9
    10   MR. RAMPTON:  That is probably mine then!
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    12   MR. JUSTICE BELL:  Do you have one for use yourselves?
    13
    14   MS. STEEL:  We had one towards the start of the trial and then
    15        because there was a new issue coming in and things like
    16        that.  We do not have one now anyway.
    17
    18   MR. JUSTICE BELL:  Things like this do not -- often the 1993 one
    19        is just as good as the 1995.  You will remember under order
    20        24, rule 7, "the Court may at any time, on the application
         of any party ... make an order requiring any other party to
    22        make an affidavit stating whether any document specified or
    23        described in the application or any class of document so
    24        specified or described is, or has at any time been, in his
    25        possession, custody or power, and if not then in his
    26        possession, custody or power when he parted with it and
    27        what has become of it".   That is all subject to later
    28        rules which make provisions related to whether it is
    29        actually necessary to discover the documents for one reason
    30        or another.
    31
    32        What I would like you do at the moment is put yourself in
    33        the frame of mind as if you were actually asking for
    34        specific discovery under that rule.  Therefore, you
    35        actually have to sit down, draft and then swear an
    36        affidavit specifying a document or describing a document or
    37        specifying or describing a class of document which you were
    38        saying McDonald's have or must have had and which you are
    39        entitled to.
    40
    MR. MORRIS:  I understand, but the problem is that we did
    42        actually make an application, a formal legal application,
    43        in December which involved great discussion and debate.
    44        Mr. Rampton went away and said that he would be making
    45        enquiries on a number of documents.  I am bringing it up
    46        now to say -- I am sorry there was a hint of sarcasm in
    47        what I was saying before -- the basic thing is that the
    48        documents that were mentioned on that day, day 70, that the
    49        Plaintiffs said they would be looking into, we just want to
    50        know what has happened, basically. 
    51 
    52   MR. JUSTICE BELL:  That is one thing because I will re-read the 
    53        transcript to remind myself, but what I am inviting you to
    54        say now, "we are particularly concerned about this specific
    55        document or this class of document".
    56
    57   MR. MORRIS:  Yes.
    58
    59   MR. JUSTICE BELL:  I mean, can you not sit down and make a list
    60        of that in relation to the topics which you have set out