Day 143 - 27 Jun 95 - Page 03
1 then he should expect to be attacked over it. This
2 document does not say when the survey was conducted. It
3 does not say that they did not keep copies of the report.
4 They may have handed over the originals but -- Mr. Morris
5 has something to say about that.
7 MR. MORRIS: Yes, this document is extremely unsatisfactory.
8 The most important question is what date the information
9 was based on that produced the results of that survey,
10 whether they actually compared it with PUPs in the August
11 and September 1989, or whether they did it in the summer,
12 looking at the dates then. Also, it is clear that their
13 field of areas -----
15 MR. JUSTICE BELL: Stop there because I do not want to hear any
16 more argument.
18 MR. MORRIS: Can I just say one very important thing?
20 MR. JUSTICE BELL: Yes.
22 MR. MORRIS: I spoke to Towers Perrin. I spoke to Mr. Weinfield
23 who was preparing the document and he said that they had a
24 copy of the original survey in cold storage. He said it
25 was in cold storage, but he did not know if it was in warm
26 storage. Something in cold storage, obviously, takes a
27 little bit of time to track down. So, I do not see with
28 this response, there is no reason why the original survey
29 should not be given to McDonald's if, indeed, it has not
30 already been given to them and not disclosed, so I do not
33 MR. JUSTICE BELL: I suggest all parties reserve any further
34 comment. This, in any event, is one matter of detail, it
35 may be important in my mind, it may be unimportant at the
36 end of the day, but I will wait and see what the evidence
37 is on this aspect. There may be more to come, there may
38 not. You may want to address me on it at the end of the
39 day, Ms. Steel may, Mr. Rampton will, but unless you argue
40 that it should not be so, I propose to put this in yellow
41 XIII -- it is, in fact, sworn -- as one of the Civil
42 Evidence Act employment statements.
44 MR. RAMPTON: Mrs. Brinley-Codd will work out -----
46 MR. JUSTICE BELL: Then everyone can address me on the
47 importance or lack of importance of it, the weight or lack
48 of weight to be attributed to it.
50 MR. RAMPTON: Its number, my Lord, will be 42.
52 MR. JUSTICE BELL: Thank you very much.
54 MR. JUSTICE BELL: Are you ready to continue cross-examination?
56 MR. MORRIS: Yes. We checked through some of our statements
57 that we had that were in draft form to see which ones we
58 could serve straightaway, as we said.
60 MR. JUSTICE BELL: What are they in relation to?