Day 097 - 06 Mar 95 - Page 34
1
2 MR. MORRIS: I think the confusion with the 5,000,000 and
3 10,000,000 is because McDonald's are saying that their
4 standards are 5,000,000 and Mr. Walker was saying that they
5 tested at 10,000,000, and that it is once a month, or
6 whatever it was, I cannot remember what he said, over
7 10,000,000.
8
9 MR. JUSTICE BELL: Do not worry because you have the lower
10 figure which, of course, is easier to meet if your version
11 of the evidence is the one I accept.
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13 I am not going to embark on any question of discovery in
14 relation to those because it depends how much is admitted
15 as to whether you have any further discovery to ask for.
16 What, if anything, do you want to say about No. 15?
17
18 MR. MORRIS: No, the reason I put that in was really to get it
19 down on paper what we are asking for, but I think that is
20 dealt with.
21
22 MR. JUSTICE BELL: Yes, very well. Is there anything further
23 I must deal with now?
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25 MR. RAMPTON: There are other outstanding interlocutory matters
26 and one thing and another but, my Lord, Mr. Chambers will
27 be here at 2.00. I am anxious to get on with him, if
28 we possibly can.
29
30 MR. JUSTICE BELL: Yes, I think Mr. Morris -- you had certain
31 matters you wanted to raise on the ruling. Can you give me
32 just a thumbnail sketch of those so that both I and
33 Mr. Rampton can hear?
34
35 MR. MORRIS: Yes. Do you have a copy of your ruling in front of
36 you?
37
38 MR. JUSTICE BELL: Yes.
39
40 MR. MORRIS: Some of them, we are awaiting response from the
41 Plaintiffs. I will not deal with those. I am just trying
42 to see ones are. Yes, I was a little bit concerned at page
43 4 about the accident statistics, that the statistics which
44 they have given us are referring to compensation claims,
45 not to the compulsory documented RIDDOR accidents in this
46 country which, obviously, under the law would have to be
47 all those accidents, although we would claim they are not
48 all the accidents, but certainly they would have to be a
49 substantial percentage and, by law, it would have to be all
50 of them; whereas the claim refer to only those which have
51 resulted in claims by the victim which may only be one in
52 20 accidents in reality. Do you understand my concern?
53
54 MR. JUSTICE BELL: Question the relevant witness about that and
55 if you want to come back to it, do. I am not offering you
56 any particular hope on it; I am just saying you are
57 entitled to ask. You are obviously going to cross-examine
58 on the schedule you do have.
59
60 MR. MORRIS: I do not know, you see, if they have any specific
