Day 110 - 29 Mar 95 - Page 14

     
     1        in the statement -- I think probably a day or so.
     2
     3   MR. MORRIS:  We are hoping he will defer to Mrs. Druce as
     4        regards poultry because of her considerable experience.  We
     5        have not sat down with him and gone through his statement.
     6
     7   MR. JUSTICE BELL:  I think that is the problem.  When are you
     8        going to do that?
     9
    10   MR. MORRIS:  We are doing that on Sunday.
    11
    12   MR. JUSTICE BELL:  What I do not know at the moment is to what
    13        extent, where he makes statements like loading, unloading,
    14        marketing and transport inflict injuries, which is the
    15        sheet you handed up to me, and stress, whether that is a
    16        statement of fact or a statement of opinion which he bases
    17        upon other material or not.  The same applies to the
    18        dead-on-arrivals, "... about a million birds die each day
    19        on British roads".
    20
         He obviously has not witnessed that himself.  So, the next
    22        question is:  What is he basing that on, quite apart from
    23        any question of what actually relates to McDonald's.
    24
    25   MS. STEEL:   If I may say so, I think all the Plaintiffs'
    26        witnesses have gone about how their dead-on-arrivals rates
    27        compare with the national rates.  How would they know what
    28        the national rates were?
    29
    30   MR. JUSTICE BELL:  I am trying to steer away from arguing about
    31        it.  What I want to know is whether, for instance, he is
    32        likely just to declare what is in the statement there.
    33        All I am looking at is time at the moment.
    34
    35   MS. STEEL:  I do know he has considerable experience in visits
    36        to markets and things like that.  Beyond that, I am not
    37        sure.  We have not had a great deal of opportunity to speak
    38        to him.  It is frustrating; it seems that if our witnesses
    39        quote statistics or something like that, it is, well, how
    40        do they know that, but the Plaintiffs' witness can quote
         them and that is fine.
    42
    43   MR. JUSTICE BELL:  You completely misunderstand why I am asking
    44        these questions.  I am not asking them because I want to
    45        enter into a debate now as to whether people are qualified
    46        to express an opinion.  I am trying to get a grip of what
    47        the schedule is likely to be for next week.  Since we have
    48        just a little time, I will rise shortly, it seems to me
    49        worth canvassing because if, for instance, it became clear
    50        that Mr. Long would take half a day or two thirds of a day, 
    51        and Mr. Rampton's inclination was not to cross-examine or 
    52        not to cross-examine at length, that immediately tells us 
    53        we have nothing scheduled for Tuesday.  Do you understand?
    54
    55   MS. STEEL:  Right.  I think it will take a day and possibly a
    56        little bit more for Mr. Long.  He does have considerable
    57        experience.
    58
    59   MR. JUSTICE BELL:  Will you not know any more until Sunday?
    60