Day 097 - 06 Mar 95 - Page 39

     
     1        you want to come back to it with specific references on one
     2        of our future interlocutory days, I will not stop you.
     3        But, quite apart from that point, you have to deal and
     4        bring forward some evidence that any documentation which
     5        might be in the possession or custody of the German
     6        company, German McDonald's, or Raiffeisen or L&O or
     7        Fleischwaren is in the possession, custody or power of
     8        either the First or Second Plaintiff, because the situation
     9        at the moment is that McDonald's have, in effect, said that
    10        they have discovered all documents which are relevant to
    11        any issue revealed on the proceedings which are in their
    12        possession, custody or power.  You have to put up a case
    13        that is not so in relation to specific documents or a
    14        specific part of documents before you can get off the
    15        ground so far as further discovery is concerned.  Go away
    16        and think about it and if you want to ----
    17
    18   MR. MORRIS:  If might be helpful if we can get 10 minutes some
    19        time this week just to clear that up, otherwise I forget
    20        things that are outstanding.
    21
    22   MR. JUSTICE BELL:  Let us see how we go this week, but you have
    23        to be properly prepared.  Because you are not legally
    24        represented, I have done a fair bit of hunting around on my
    25        own in relation to matters you want discovery on.  But, if
    26        I have not hunted far enough, you have to demonstrate to me
    27        that I have not done so.  Can we resume at 10 past 2?
    28
    29   MR. RAMPTON:  My Lord, certainly.
    30
    31                        (Luncheon Adjournment)
    32
    33   MR. MORRIS:  There were some documents I was going to serve as
    34        part of this morning which I did not, but one of them
    35        specifically may relate to Mr. Chambers' evidence, so if
    36        I could just serve that before he starts?
    37
    38   MR. JUSTICE BELL:  How long are you expecting to be in-chief?
    39
    40   MR. RAMPTON:  The rest of this afternoon but no more.
    41
    42   MR. JUSTICE BELL:  Right.
    43
    44   MR. MORRIS:  It is the recent Which report on -----
    45
    46   MR. JUSTICE BELL:  Why does not Mr. Rampton conduct his
    47        examination in-chief and then break off leaving himself
    48        time to come back tomorrow morning?
    49
    50   MR. RAMPTON:  Yes, if your Lordship would be kind enough.  I 
    51        will put it over there and leave it for the rest of today. 
    52 
    53                      MR. TIMOTHY CHAMBERS, sworn
    54                       Examined by Mr. Rampton.
    55
    56   Q.   Mr. Chambers, do you give your address as Midland Meat
    57        Packers Limited at Crick in Northamptonshire; is that
    58        right?
    59        A.  Yes, I do.
    60