Day 038 - 19 Oct 94 - Page 03

     1   MS. STEEL:   There is actually only a limited section that has
     2        been changed, I think.
     4   MR. JUSTICE BELL:  I would like you to tell me what that is so
     5        that I do not have to go completely through the new
     6        statement doing all the work again.
     8   MR. MORRIS:  We did serve the new statement last week.  We did
     9        ask the Plaintiffs to provide copies.
    11   MR. RAMPTON:  No, it was not last week. It was on Monday.
    13   MR. JUSTICE BELL:  You have to get it to me.  Do you understand
    14        the reason why?
    16   MR. MORRIS:  I understand.
    18   MR. JUSTICE BELL:  There is quite enough work in this case
    19        without having to do it twice.
    21   MR. MORRIS:  I feel the same way as well actually, but the only
    22        pages, as far as I know, that have been changed are from
    23        page 31 onwards after "Carrageenan".
    25   MR. JUSTICE BELL:  I am going to rise for about five minutes.
    26        I will have a brief look at it.  I will say I will come
    27        back not before quarter to 11.  I would like you to speak
    28        to Mr. Millstone and see if he can identify to you where
    29        there is any variation or additions so that you can pass
    30        that on to me, or when you call him into the witness box
    31        can get him to identify them.
    33   MR. RAMPTON:  My Lord, I am in the same difficulty as your
    34        Lordship.  I have just been handed what I take to be a
    35        rewrite of the only part of the statement which I take to
    36        be at all important, which is the review of the specific
    37        substances.  I am told that from 31 on it is different from
    38        what I have been working on for the last four days.
    40   MS. STEEL:   The only change is from carrageenan.  Can I just
    41        say, we had the same problem with Professor Walker's
    42        statement when we discovered that it was a different one
    43        from the trial bundles that had been served on us.  We had
    44        to live with it really.  We did serve this on Monday.  It
    45        is not our responsibility that it did not get to
    46        Mr. Rampton.  I apologise it did not get to you.  I thought
    47        the Plaintiffs would copy that as well.
    49   MR. JUSTICE BELL:  If there is something which you are going to
    50        serve you have to communicate with McDonald's solicitors 
    51        and say:  "Look, here is your copy we are serving on you. 
    52        Do you want us to get a copy of it to the judge or you?" 
    53        You first of all have to check they have no objection to
    54        you putting something in front of me, or I may read
    55        something which I ought not to read, but check that and
    56        then find out about it.
    58        The idea is good, that rather than come into the witness
    59        box and then start adding after-thoughts which come out for
    60        the first time, it is all put down on paper in advance.

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