Day 068 - 16 Dec 94 - Page 02

     1                                      Friday, 16th December, 1994.
     3   MR. RAMPTON:  My Lord, before we begin, there are a couple of
     4        matters I should wish to mention to your Lordship.  The
     5        first is to answer your Lordship's request, initially
     6        directed at Mr. Atkinson, where your Lordship's remarks --
     7        it was not an order -- about the service of affidavits by
     8        the Plaintiffs and service of the Defendants' statement
     9        about paper making were to be found.  My Lord, it is day
    10        50, which is November 10th, starting at page 46, line 45.
    12        In effect, what your Lordship said -- and I hope
    13        I summarise it correctly -- was that both the affidavits of
    14        the Plaintiffs and the statement of the paper making
    15        witness of the Defendants should be served, if possible, by
    16        16th December, that is Friday, but that your Lordship would
    17        hear from either side if there was a difficulty about it.
    18        Your Lordship said expressly that you were not making an
    19        order, but saying simply that you would expect them to be
    20        served by that time, which means that on either side the
    21        matter can be raised if it has not been done.
    23   MR. JUSTICE BELL:  Thank you.  The first of Mr. Nicholson's two
    24        affidavits, which I was handed last night, refers to an
    25        order of 25th May.  I am not sure I have a copy of the
    26        order.  In any event, if that was the date of the order, it
    27        was not the date of the ruling which led to the order,
    28        I think.  I am not suggesting there is any inaccuracy in
    29        Mr. Nicholson's affidavit.  It is just if, in the same
    30        helpful way, someone could refer me to the date upon which
    31        we had the argument and my ruling which led to the order of
    32        25th May, I would be grateful.
    34   MR. RAMPTON:  We will do that.  My Lord, the second thing is
    35        perhaps rather more serious.  We made copies yesterday of a
    36        large wad of papers alleged to concern McDonald's chicken
    37        suppliers in America, Tysons.  They came from the
    38        Defendants.  We had them copied.  I believe we handed up a
    39        copy of that wodge to your Lordship.
    41   MR. JUSTICE BELL:  Yes.  I have only glanced at that -- no more.
    43   MR. RAMPTON:  The first thing I wish to say about this -- and it
    44        gives me some considerable cause for anxiety and concern --
    45        is that when I looked at these documents last night
    46        I noticed that the letterhead had been obliterated or
    47        blanked out.  Without some very good explanation, I would
    48        ask to see the original.
    50        My suspicion -- it is only a suspicion -- is that it was 
    51        done in order to disguise the date at which this letter was 
    52        sent to the Defendants. 
    54   MR. MORRIS:  I do not know what he is talking about, to be
    55        honest.  They have not even been touched, virtually, since
    56        we got them.
    58   MS. STEEL:  The Plaintiffs were given the originals to copy
    59        yesterday, anyway.

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