Day 243 - 02 May 96 - Page 07
1 point the court to.
2
3 Paragraph (12) about McDonald's failure to recycle products
4 that have been separated by customers tending to cause
5 cynicism, I think that is an expert opinion about the
6 approach.
7
8 She is clearly involved in trying to bring in legislation
9 about waste management and she is entitled to comment on
10 the various approaches by various companies and whether
11 they are positive or negative or whatever. Again, she is
12 not making any judgment on the evidence in the case
13 broadly; she is just looking at a particular matter and
14 saying that is a failure by the Company, rather than
15 something just being ignored or dismissed as irrelevant.
16
17 If McDonald's want to challenge that by saying they think
18 it was a very positive exercise, then they should do so in
19 the witness box, so I do not think anything should be ruled
20 out.
21
22 In fact, my final submission, I do not think there is any
23 legal ground for ruling out any of the points.
24
25 MS. STEEL: If I could say on the point that where I said about
26 McDonald's witnesses have drawn their own conclusions and
27 things like that, just as an example, at the conclusion of
28 Mr. Mallinson, he says that the foresters and industry are
29 committed to high standards to the benefit of everyone,
30 whether customers of McDonald's or not. I am quite sure
31 that there are other examples -- that is the one I have
32 been able to find very quickly -- where witnesses have
33 stated their opinions, and it is not something that has
34 been ruled out before. It has been a matter to be
35 evaluated about whose opinion is right, or whether it is a
36 bit of both, or whatever, but the point is experts should
37 be entitled to give their opinions.
38
39 (For ruling, please see separate transcript)
40
41 MR. MORRIS: What would be the role of the Civil Evidence Act
42 statements on any matters which have been deemed to be
43 hearsay, because Mr. Rampton adduced some evidence of the
44 Civil Evidence Act of his witnesses in the witness box
45 where they talked about things that were clearly hearsay.
46 He said that they had the right to do that if we were going
47 to consider putting a Civil Evidence Act notice statement
48 on it.
49
50 For example, on paragraph 7, the information, the
51 statement, should be allowed in on the basis of a Civil
52 Evidence Act notice. It is not a matter of opinion ----
53
54 MR. RAMPTON: My Lord, I resist that for this reason: Mr. Morris
55 is plainly using that just as a dodge at the moment to get
56 ---
57
58 MR. MORRIS: It is not a dodge.
59
60 MR. RAMPTON: -- his evidence in now through Miss Link.
