Day 097 - 06 Mar 95 - Page 07

     
     1        course, neither of those questions arises here.
     2
     3   MR. JUSTICE BELL:  I know there is authority that on the
     4        question of whether an opposing party can look into the
     5        authority of solicitors on the other side to commence
     6        proceedings and so on and, by and large, you cannot.
     7
     8   MR. RAMPTON:  No, by and large, you could not possibly, but
     9        normally in a libel action the Plaintiff gives evidence.
    10        He will be asked:  "Why did you bring this action?" "I
    11        brought it because I was so outraged about what had been
    12        said about me" which plays directly on the issue of
    13        damages.  But, since we do not have that issue here for
    14        both reasons it may be that it is not a very important
    15        question.
    16
    17        So, looking at it that way and, as I say, taking into
    18        account the fact that the accident statistics have now been
    19        disclosed to your Lordship's satisfaction, it is doubtful
    20        whether as much even as three days is needed for
         Mr. Beavers and that is why we put him there.
    22
    23        We have allowed three weeks for the Defendants' witnesses
    24        on rearing and slaughter and food poisoning.  Mr. Morris
    25        told Mrs. Brinley-Codd the other day on the telephone that
    26        he did not think that those witnesses would take more than
    27        10 days; even that, in my view, may be an overestimate,
    28        given that I do not believe I shall cross-examine any of
    29        them at any particular length -----
    30
    31   MR. JUSTICE BELL:  What I am really asking, because I have had
    32        it in mind anyway, and it has been to some extent brought
    33        into the forefront of my mind by what we were discussing
    34        earlier, is Mr. Beavers committed to those three days?
    35
    36   MR. RAMPTON:  He presently is.  As your Lordship may imagine,
    37        like all these senior executives of McDonald's, he is a
    38        very busy person.  That does not mean that he should not
    39        come over and complete his evidence at some convenient
    40        time, but it ought, we would submit, to be a time at any
         rate in part which is convenient to him.  He has made those
    42        three days available now for some considerable time, I
    43        understand.
    44
    45   MR. JUSTICE BELL:  This is not a criticism but it is
    46        unfortunate, in a sense, that they happen to be those three
    47        days over which there was some question mark in any event.
    48
    49   MR. RAMPTON:  My Lord, that question mark is I think a recent
    50        question. 
    51 
    52   MR. JUSTICE BELL:  It was January, was it not? 
    53
    54   MR. RAMPTON:  My belief is -- I can go back if I had to -- that
    55        your Lordship will have had originally indicated that you
    56        were going to sit out the term.  The question arose whether
    57        the Defence should have those additional three days,
    58        I believe, quite recently.
    59
    60   MR. JUSTICE BELL:  You may be right.