Day 313 - 13 Dec 96 - Page 04

     
     1        past, I think merely two and a half years ago, and I do not
     2        have the faintest idea where it is now so I would be
     3        grateful for a reference.
     4
     5   MR. RAMPTON:  We will certainly do that.  We may have to send a
     6        note to your Lordship's room.
     7
     8   MR. JUSTICE BELL:  All I need is bundle such and such, divider
     9        such and such, page such and such, paragraphs it does not
    10        matter.
    11
    12   MR. RAMPTON:  I have it in my room.
    13
    14   MR. MORRIS:  I want to hand up three things. The first thing is,
    15        because we have not got time we are going to try and rush
    16        through things today fast so we can get it all out of the
    17        way.
    18
    19   MR. JUSTICE BELL: Mr. Rampton has an entitlement to reply in law
    20        and, indeed, I may need his assistance on some things.
    21
    22   MR. MORRIS:  The first thing is the Bonnington Castings case, as
    23        it brought it up.  I got it faxed to me last night.  If we
    24        can just say that I will not refer to all the relevant bits
    25        but I think it could be summarised as saying it was an
    26        industrial injury case where something could be said to
    27        have caused a disease.
    28
    29   MR. JUSTICE BELL: Yes.
    30
    31   MR. MORRIS:  Basically, cause and effect, that if it had
    32        contributed, even though the exact contribution could not
    33        be necessarily identified -- whether that takes us anywhere
    34        is another question -- but the point is causation.  As we
    35        have argued in this case, you have to show that McDonald's
    36        is part of a chain of events, or has contributed to a chain
    37        of events, for the relationship to be causal.  But whether
    38        this case would apply because it is not a libel case is
    39        another question.  We are leaving that up to you.
    40
    MR. JUSTICE BELL: That is just...
    42
    43   MR. MORRIS:  It was mentioned, so we thought we had better check
    44        it out.
    45
    46   MR. JUSTICE BELL: I mentioned it.  Yes, thank you.
    47
    48   MR. MORRIS:  The next one I want to hand up is an argument on
    49        hearsay which was prepared for us, which we adopt.
    50        (Handed).  The basic drift of the argument is that hearsay
    51        is increasingly, and we say in this case...  There is a bit
    52        of which I have blanked out, actually.
    53
    54   MR. JUSTICE BELL:  Just sit down.  Yes, you have.
    55
    56   MR. MORRIS:  No, it is fine, actually.  I have just --
    57
    58   MR. JUSTICE BELL: There are two page 2s.
    59
    60   MR. MORRIS:  Yes, one was-----