Day 090 - 16 Feb 95 - Page 04
1 to identify the documents or a class of documents which is
2 something I have said on a number of occasions before.
3
4 I say those things for a number of reasons, in particular,
5 this, that I read Mr. North again overnight, both his
6 statements and, particularly, his second one. For all
7 I know when Mr. North is actually called, he will say that
8 he thought that the chemical and microbiological testing
9 was up to snuff. He does not that I can see say anything
10 to the contrary at the moment. If that was the position we
11 came to in something like a couple of weeks time, it would
12 be completely ludicrous, having looked for all sorts of
13 chemical or microbiological testing documentation.
14
15 I do not even know whether you have asked -- he says in
16 relation to both McKey and Sun Valley that he was given
17 every facility. He mentions microbiology or laboratory
18 testing from time to time. He does not specifically
19 mention document or asking for documents and I am
20 completely in the dark as to what, if anything, he is going
21 to say as to that. I do not even know if you have asked
22 him whether there were particular documents which will help
23 him give his evidence.
24
25 I feel somewhat in the dark at the moment. You may be able
26 to help me if there is an argument as to the basis upon
27 which any challenge, for instance, the challenge to
28 Mr. Walker about testing finished products is made. It may
29 be in your statement somewhere but I do not know what it is
30 at the moment. That is the first thing.
31
32 The second thing is it is taking me a very long time to go
33 through the matters upon which I must make a ruling, and
34 part of that is I am having to do a lot of hunting around
35 on my own. Mr. Morris said he had not listed the documents
36 which he wanted in relation to Professor Jackson's
37 investigations. They were the ones mentioned in Professor
38 Jackson's statement. I have re-read his statement.
39
40 I have not read the transcript of his evidence but I cannot
41 find a document mentioned. That may be an oversight on my
42 part. He refers to testing but he does not actually --
43 I cannot see on a page of paper a document which I can take
44 to be the document you are asking for discovery of.
45
46 MR. MORRIS: I think -- I will check -- I mentioned that he said
47 words to the effect of he saw "a typical day's testing
48 results in the laboratory" which is similar -----
49
50 MR. JUSTICE BELL: I am not inviting further argument at this
51 stage. I do not want in the middle of Dr. Pattison's
52 evidence to get distracted into going back to interlocutory
53 matters unless it is absolutely essential. But I ask you
54 to bear those matters in mind because, quite apart from any
55 question as to whether documents are in the power of
56 McDonald's, if they do not actually have them in their own
57 possession, we have still got the question of relevance and
58 I have got to grapple with that. Then after that we have
59 still got the question of whether their production is
60 necessary for the fair disposal of the action or the saving
