Day 090 - 16 Feb 95 - Page 05
1 of costs, and I have to get to grips with that as well.
2
3 Until you can say: "Look, this testing or its sufficiency
4 is put in issue by this witness or that witness", I can
5 grapple with that. At the moment I am sceptical about
6 whether the incidence of food poisoning, which are either
7 admitted or alleged against McDonald's, give any basis for
8 saying that is a prime facie case of insufficiency,
9 specific or general, of chemical or microbiological
10 testing.
11
12 So think about that and be prepared to help me on those
13 matters on any further issue of discovery which arises.
14
15 MR. RAMPTON: So far as Professor Jackson is concerned, the
16 Defendants do now have the summary for the week in which he
17 was at Sun Valley.
18
19 MR. JUSTICE BELL: I appreciate that. This is general comment
20 as to any further documentation apart from this which
21 either of you see fit to ask for.
22
23 MS. STEEL: For your information, because I do not know whether
24 you have read all the correspondence and things like
25 that ---
26
27 MR. JUSTICE BELL: No.
28
29 MS. STEEL: -- but we were told by McDonald's that none of our
30 experts would be able to see any documentation when they
31 made their visits so none of them have done, as far as I am
32 aware. Certainly, Mr. North did not see any documentation.
33
34 MR. JUSTICE BELL: You can refer me to that but we have still
35 got the next step, so where is the basis for suggesting --
36 let me take Mr. Walker and his patties destroyed, what is
37 the basis for suggesting that his evidence, forget whether
38 it is 13,760, or some other number, that his system of
39 testing does not prevail, have you actually got any basis
40 for that because one might think Mr. North does not say:
41 "I found a gap; they were not testing the finished
42 product". If you got in touch with him, I do not know what
43 he would say about that.
44
45 A temptation is coming into my mind to limit discovery if
46 I have any real doubt as to whether it is relevant or
47 whether it is necessary for the fair disposal of the case
48 until we have heard Mr. North, or any other witnesses who
49 might point to an adequate system, because then I will be
50 able to judge whether really it will be helpful or not.
51
52 MS. STEEL: Yes, but as I understand it, if a witness says that
53 they are relying on some process and the documentation for
54 that process for proof that they are infallible or
55 what-have-you, we should be entitled to see that
56 documentation.
57
58 MR. JUSTICE BELL: No, that does not follow at all. It may
59 follow, it just depends upon the circumstances, but it
60 certainly is not automatic otherwise many of our court
