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.