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.