Day 275 - 08 Jul 96 - Page 07
1 Act notices in place. There is one other possibility that
2 for English documents we might have to call a witness, or
3 witnesses -- might have to -- and again perhaps one could
4 do it during that week.
5
6 MR. JUSTICE BELL: Let us see how we go. All I will say is that
7 I am not saying we will sit on 1st and 2nd August but
8 everyone ought to be prepared for the possibility if there
9 is some problem. It works both ways in case you need the
10 time for proof of documents or in case Miss Steel or Mr.
11 Morris need the time for proof of documents. I cannot sit
12 after 2nd August, and I have made no check as to court
13 arrangements. All I am prepared to say in open court is
14 that everyone, the parties, should be prepared for the
15 possibility that that will be necessary in order to avoid
16 even greater inconvenience at some time. I want to avoid
17 if possible coming back in early September because I want
18 everyone to be working on their submissions at that time.
19
20 MR. MORRIS: Yes, I am going to be away the last week in July.
21
22 MR. JUSTICE BELL: Yes. Well, that is entirely a matter for
23 you. The case will have to go on whether you are here or
24 not. We will try and work round that so that there is no
25 handicap. But the case must go on.
26
27 MR. RAMPTON: Well, my Lord, apart from that--
28
29 MR. JUSTICE BELL: Bear that in mind, Mr. Rampton. If we can
30 work around that so much the better.
31
32 MR. RAMPTON: My Lord, I will only say this, apart from that
33 possible problem, but it may not be because it may be in
34 the end that Mr. Atkinson and Mr. Morris can agree most of
35 it, as to which I would only say that proof of many of
36 these documents lies in our hands and it would be very
37 difficult for the defendants to proof many of them, if not
38 impossible. And in aid of that, I urge -- I know that we
39 shall be -- a reluctance to be selective. Obviously, I am
40 not expecting the defendants to agree what they would
41 characterise as McDonald's own self-congratulatory
42 statements, or anything like that, but where facts and
43 figures are concerned, if they be facts, then I would urge
44 that one does not pick and choose.
45
46 MR. JUSTICE BELL: All I would say, and again this works both
47 ways, although it always seems as if the defendants are
48 being asked to admit your documents because you produced
49 the list of ones you want admitted, but I am sure everyone
50 will remember what I said on a previous occasion, that
51 whether one likes what is in a document or not, in the case
52 of many of these documents the Plaintiffs seek to gain
53 something and the defendants seek to gain something, but if
54 the realistic assessment is that if they are not admitted
55 your clients will be able to prove them formally without
56 too much difficulty, or if the defendants want to rely on a
57 document and the reality is that it is a document put into
58 circulation by one of your clients so I am likely to
59 interpret it as their point of view on something or other,
60 so proof of the relevant parts, or acceptance of the
