Day 119 - 02 May 95 - Page 26

     
     1        after film has been made when you may have had a copy of
     2        video film for some time, but this is just all talking at
     3        large.  It is not directed towards making any ruling and
     4        I will consider the matter afresh if I have to.
     5
     6        The other thing is it is not just a question of
     7        admissibility; it is question of weight to be attached to
     8        it as well, but you know all about that.
     9
    10   MR. MORRIS:  The actual comments by management grades would be
    11        automatically evidence in their own right as
    12        representatives of the company.
    13
    14   MR. JUSTICE BELL:  I would have to hear argument about that
    15        because it depends who can be taken to be an agent of a
    16        company for the purposes of statements made on behalf of
    17        the company.  It is a long time since I have had to look at
    18        it.  There is a little bit of law on it.  I remember many,
    19        many years ago reading a case which said that someone who
    20        was driving a vehicle for a company was not the agent of
         the company for the purpose of making admissions, for
    22        instance.  So, it is not just a matter of common sense one
    23        way or the other.  There has been a bit of law in the past
    24        about it.  If you were saying that a statement made by a
    25        manager can be treated, until shown to the contrary, to be
    26        a statement on behalf of McDonald's I think that may not
    27        follow.  I am not saying it is not right, one would have to
    28        look into it a little further.
    29
    30   MR. RAMPTON:  I would only add to that that if it is done in the
    31        right way, and I think it perhaps ought to be done in the
    32        right way, which is, as your Lordship has suggested, to
    33        identify particular statements by particular people in the
    34        film that the Defendants wish to rely on, it is highly
    35        desirable they do this exercise sooner rather than later
    36        because it will impact, if I may use that horrid word, on
    37        my part of the trial quite considerably.
    38
    39   MR. JUSTICE BELL:  It is important that you try to do so.  First
    40        of all, the more promptly you do it the better for a number
         of reasons.  One of the reasons is if you look at the rules
    42        again with regard to notices under the Civil Evidence Act
    43        you may, and I underline "may", be in a better position so
    44        far as meeting any counter-notice is concerned if you give
    45        the notice promptly.  If you want any further help in
    46        relation to it, raise it again.
    47
    48        What I have said now is in no way a ruling one way or
    49        another or a final ruling.  I would be the first to admit
    50        that I am not omniscient on these matters.  One has to look 
    51        them up to refresh one's memory as to what -- I know I will 
    52        have Mr. Rampton's assistance but you must be prepared to 
    53        do a little bit of research yourself so you can argue from
    54        your side of the court if there is some dispute about it.
    55
    56   MR. MORRIS:  Mr. Rampton's assistance is often, bearing in mind
    57        he is representing the Plaintiffs -----
    58
    59   MR. JUSTICE BELL:  I know that, but what he will not do is let
    60        me act in ignorance on some point of law even if it is in