Day 061 - 05 Dec 94 - Page 02
1 5th December 1994.
3 MR. RAMPTON: My Lord, before we begin, I did promise that over
4 the weekend we would make an attempt to see if there were
5 any relevant documents in relation to the question of the
6 recycled content of the various items in McDonald's files.
7 There are not; the only three which were ever found in
8 McDonald's files are already disclosed. They are at tabs
9 25, 26 and 27 of the pink volume V.
11 However, what we also did was to ask Perseco Europe to have
12 a look in their files. They have come up with two tables
13 -- some other documents of perhaps less interest -- from
14 1991 or 1992, although made at the time, showing what the
15 recycled content was. I will, when Mr. Van Erp gives
16 evidence, ask him to explain them but it is only right that
17 I disclose them now.
19 Can I suggest, my Lord, they be put behind Mr. Van Erp's
20 statement which, if your Lordship has not already done so,
21 might I suggest it is moved from its present position which
22 is in volume yellow XII?
24 MR. JUSTICE BELL: I have left it with your Civil Evidence Act.
26 MR. RAMPTON: Yes. Since he is coming to court tomorrow, he
27 should really be moved to volume III, tab 9. I have given
28 your Lordship the divider. Those are the Perseco
29 documents. The only remaining thing is -----
31 MR. JUSTICE BELL: I will insert it later.
33 MR. RAMPTON: It may be Mr. Oakley knows something about these
34 documents, it may be he does not. I mean, the Defendants
35 are welcome to ask him. I do not mean it should be
36 restricted to Mr. Van Erp. The only other thing I should
37 add is I understand that Mr. Oakley has an explanation for
38 the reason why his statement has 100 per cent whereas the
39 public documents say 80 per cent, but that is
40 something -----
42 MR. JUSTICE BELL: We will see whether Ms. Steel and Mr. Morris
43 want to take that any further. You can raise it in
44 re-examination, if you want to.
46 MR. RAMPTON: Exactly.
48 MS. STEEL: I notice that these were faxed to the Plaintiffs on
49 Friday night; as we have only just got them we would like a
50 quarter of an hour adjournment to look through them before
51 we continue the cross-examination of Mr. Oakley.
53 MR. JUSTICE BELL: Yes, I will come back at 10 to 11.
55 (Short Adjournment)
57 MR. OAKLEY, Continued.
58 Cross-examined by the Defendants, Continued.
60 MR. MORRIS: Just before we go on to the documents and other