Day 045 - 03 Nov 94 - Page 53


     
     1        A.  Yes.
     2
     3   MS. STEEL:   Perhaps then if we look at page 218, which has a
     4        definition about-----
     5
     6   MR. JUSTICE BELL:  Can you help me, Ms. Steel?  There are
     7        obviously a lot of figures in this survey which may be very
     8        helpful to get a picture of this.  Is there any challenge
     9        to them, or do you just not know?  Are you prepared to
    10        accept them for the purposes of the case?
    11
    12   MS. STEEL:   I do not know.  I mean-----
    13
    14   MR. JUSTICE BELL:  I do not suppose there is any reason to doubt
    15        them.  Before I devote a lot more thought to where they
    16        might take me, it would be nice to know whether you are
    17        prepared to accept them or whether they are subject to
    18        challenge or not.
    19
    20   MS. STEEL:   I mean, I think when I have something that I think
    21        I might argue about, I will probably put it to the
    22        witness.  But otherwise, then, I am just really going
    23        through it to clarify things.
    24
    25        As far as being prepared to accept them, offhand, right
    26        now, I have no reason to doubt their accuracy, but I do not
    27        know that I would want to be pinned down right now without
    28        thinking about it, in case something else crops up
    29        that-----
    30
    31   MR. RAMPTON:  My Lord, it is not a criticism, but I am wondering
    32        about the expenditure of time, really.  Ms. Steel is going
    33        through pointing out, as one might in closing speech or at
    34        some stage in the case, bits of this document which come
    35        from McDonald's that she may or may not think help her
    36        case.  This is supposed to be cross-examination.  Perhaps
    37        it would be better if there is some need for clarification
    38        or explanation by the witness were a question to be asked.
    39
    40   MS. STEEL:  I am asking questions when I want clarification.
    41
    42   MR. JUSTICE BELL:  You, carry on.  What I would like you to
    43        think about as the trial goes on is whether you are
    44        prepared to say:  "Yes, we will accept those figures for
    45        the purpose of this trial".  I am not trying to lead you
    46        into something which is against your interest, which is why
    47        I have said think about it and make a decision.  Because if
    48        one can start from saying:  "Well, the figures in this
    49        survey are common ground between the parties", then there
    50        we are. 
    51 
    52   MS. STEEL:  Right now I have no reason to doubt them. 
    53
    54   MR. JUSTICE BELL:  No, I am not putting you to the test now.
    55        Think about it, because if you do reach the stage where you
    56        can say: "Yes, we accept those figures having thought about
    57        the ramifications of it all", then it will help.
    58
    59   MS. STEEL:  Is it possible to leave it as we will accept them
    60        for the moment, unless we come across any information that

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