Day 078 - 26 Jan 95 - Page 10

     
     1        somebody who had purchased burgers from a supermarket which
     2        was supplied by your company; you are aware of that, are
     3        you?
     4        A.  No, I am not aware of that.
     5
     6   Q.   If you could turn to the Defendants' documents, I think it
     7        is Supplementary List No. 22?
     8        A.  What is the file number?
     9
    10   MR. RAMPTON:  My Lord, before he does that may I have the
    11        opportunity of looking at it myself?  I suspect that it is
    12        going to be an inadmissible document, but I do not know.
    13
    14   MR. JUSTICE BELL:  Look at it first.  What is the number?
    15
    16   MS. STEEL:  I think it is the Supplementary List.  It is
    17        possible it is the second Supplementary List but I think it
    18        is the first one.  In fact, it is document 23, sorry.
    19
    20   MR. RAMPTON:  I am afraid, my Lord, tab 22 in both our
         Supplementary bundles -----
    22
    23   MR. JUSTICE BELL:  It is 23.
    24
    25   MR. RAMPTON:  There is nothing there; it is blank.
    26
    27   MS. STEEL:  It is possible that it is behind the statement of
    28        Donna Kane.  Donna Kane was one of the victims of the food
    29        poisoning outbreak and who was going to be a witness.
    30
    31   MR. RAMPTON:  No, my Lord, she is not going to be a witness
    32        because the incident has been admitted for the purpose of
    33        this case.
    34
    35   MS. STEEL:  I did say "was going to be" but she may still be a
    36        witness depending on whether it is necessary or not.
    37
    38   MR. JUSTICE BELL:  Whereabouts is it there because I have a
    39        whole lot of documents.  23 in my -----
    40
    MS. STEEL:  It is a Public Health Laboratory Service Final
    42        Report on a cluster of cases of hemorrhagic colitis.
    43
    44   MR. JUSTICE BELL:  You see, I do not have it either.  22 and 23
    45        have dividers but nothing in them.
    46
    47   MS. STEEL:  The document was definitely served on the
    48        Plaintiffs.
    49
    50   MR. RAMPTON:  My Lord, I suspect may be the reason it is not in 
    51        the bundles in court is that, the admission having been 
    52        made, it becomes irrelevant. 
    53
    54   MR. JUSTICE BELL:  Because?
    55
    56   MR. RAMPTON:  The admission having been made, it becomes
    57        irrelevant.  The admission has been made in the terms of
    58        the pleading.
    59
    60   MR. JUSTICE BELL:  Can you show a copy of the document to