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
    31        know.
    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?

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