Day 143 - 27 Jun 95 - Page 02
1 Tuesday, 27th June 1995.
2
3 MR. RAMPTON: My Lord, before the cross-examination continues,
4 I should like to show your Lordship something. Your
5 Lordship will, of course, recall the attack which was made
6 in relation to the Philadelphia wages issue.
7
8 MR. JUSTICE BELL: Yes.
9
10 MR. RAMPTON: The attack which the Defendants made on the
11 integrity of the summary by Tower Perrin on McDonald's bona
12 fides ---
13
14 MS. STEEL: That is actually incorrect. We considered that it
15 was a McDonald's summary. We did not throw any doubt on
16 the integrity of Towers Perrin.
17
18 MR. RAMPTON: -- on McDonald's bona fides and on the veracity
19 and honesty of Mr. Stein as a witness. That attack was not
20 foreshadowed in any pleading or witness statement served by
21 the Defendants. In the light of that, what we have done is
22 to obtain a statement notarised yesterday from Towers
23 Perrin.
24
25 MR. JUSTICE BELL: Yes.
26
27 MR. RAMPTON: I would ask your Lordship's leave to offer that in
28 evidence in this case under the Civil Evidence Act. I have
29 one for your Lordship and one each for the Defendants.
30 Your Lordship will see that although the document is dated
31 in the form of a letter to Mr. Stein, I would add that
32 Mr. Stein, in fact, had nothing to do with the acquisition
33 of this document; that was done by others. Although the
34 document is dated 23rd June, your Lordship will see the fax
35 date and time on the front, which is roughly half past 11
36 in the morning Philadelphia time yesterday, which means
37 that it arrived in this country at half past four in the
38 afternoon after court and the date of the notarisation,
39 that we did not get it until yesterday evening.
40
41 MS. STEEL: We would like the opportunity to read this and then
42 we may have some comment to make upon it.
43
44 MR. JUSTICE BELL: I propose to read it now. You take the
45 opportunity to read it now as well.
46
47 MR. RAMPTON: My Lord, the only thing I need to add to that, as
48 your Lordship will see at the bottom of the second page,
49 Mr. Myshat says that the originals of the executive
50 summary, which is the document that your Lordship has, and
51 of the body of the report was submitted to McDonald's. A
52 search has been made at Oak Brook. Those originals can no
53 longer be found; all that they could find was what we have
54 in court and those were copies.
55
56 MS. STEEL: Mr. Rampton said that we had no basis and gave no
57 warning of our attack on Mr. Stein concerning this
58 document. I should point out that it was Mr. Stein who
59 said that the summary was prepared by McDonald's in the
60 first place. If he wants to give contradicting evidence,
