Day 044 - 02 Nov 94 - Page 48


     
     1   MR. JUSTICE BELL:  I do not think we are going to read any of it
     2        out.
     3
     4        (To the witness)  I just want you to look at it and say if
     5        you know anything about that.
     6        A.  No, I am not aware of this or the information in this
     7        article.
     8
     9   MR. MORRIS:  Can I , at this point, say that we would like
    10        discovery of that correspondence, or whatever the
    11        situation, from Denmark?
    12
    13   MR. JUSTICE BELL:  Let me just have a look at it again.  (Pause)
    14        If there are discoverable documents, then they should be
    15        discovered.
    16
    17        You might find, if you ring the international telephone
    18        directory -- there is a board specifically mentioned there;
    19        someone can telephone; it does not cost much these days --
    20        and see whether they actually published decisions, as some
    21        regulatory bodies do in this country.
    22
    23   MR. MORRIS:  Yes.  It is my understanding -- and of course I may
    24        be corrected -- that if McDonald's have relevant documents
    25        in their possession, they should discover them.
    26
    27   MR. JUSTICE BELL:  Yes.  I have just made that point.  You do
    28        not know yet whether they do.  There are alternative routes
    29        to get to documentation.
    30
    31   MR. MORRIS:  Of course they might have thrown the document away.
    32
    33   MR. JUSTICE BELL:  You do not know yet whether they have ever
    34        had one.
    35
    36   MR. RAMPTON:  If that is supposed to be an assertion that
    37        McDonald's has thrown relevant documents away, your
    38        Lordship should be reminded by Mr. Morris and Ms. Steel
    39        that this is not a pleaded allegation; it came out of
    40        Mr. Morris's back pocket some time last week.
    41
    42   MR. JUSTICE BELL:  It really does not become you, Mr. Morris.
    43
    44   MR. MORRIS:  I am trying to keep my dignity.
    45
    46   MR. JUSTICE BELL:  You must try and resist it, yes.  If you take
    47        a dignified approach to the litigation -- as you have, in
    48        large part, done -- it is much more impressive.
    49
    50   MR. MORRIS:  I had quite an amount of personal criticism a 
    51        couple of days ago, and I restrained myself---- 
    52 
    53   MR. JUSTICE BELL:  Forget it now.  Let us put Denmark on one
    54        side for the moment.
    55
    56   MR. MORRIS:  Again, while we are on this subject, we might as
    57        well see if Mr. Green knows about any other matters that
    58        have been pleaded.
    59
    60   MR. JUSTICE BELL:  Why do you not show him an abstract of the

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