Day 244 - 03 May 96 - Page 14

     
     1        It just makes sense if it we just carry on because Dr.
     2        North did refer to a report in his statement and then
     3        Mr. Rampton can cross-examine him on it.
     4
     5   MR. JUSTICE BELL:  I am afraid I do not find it satisfactory
     6        that one just has a reference to a report on this -- this
     7        is no criticism of you, Dr. North -- that one has a
     8        reference to a report in a statement.  It appears first on
     9        the references and then without any intimation in the
    10        report, that, for instance, cooking times, specific cooking
    11        times are going to be referred to, one puts part of the
    12        report to a witness and asks for his comments in relation
    13        to that.
    14
    15        If Dr. North is going to make any criticism of McDonald's
    16        specified cooking temperatures and times, if they are
    17        adhered to, then you must have a statement from him setting
    18        out what that criticism is and proper notice must be given
    19        to the Plaintiffs of it.
    20
         Whether I give you leave to adduce it is entirely another
    22        matter in the life of the evidence I have heard so far, but
    23        that is the procedure.
    24
    25   MR. MORRIS:  Right.  We will move on from the E.Coli matter
    26        now.  There may be one other question.  I cannot remember
    27        what we did last time because I did not actually read the
    28        transcript.
    29
    30   MR. JUSTICE BELL:  The other matter was the question of residues
    31        which was dealt with in Dr. North's first statement in, I
    32        think, paragraphs 13 and 14.  Then Dr. North said that
    33        fairly recently he had come to another view and it was
    34        decided that that should be set out in a statement which
    35        should be served and he could return and give evidence
    36        about it and the result is 17th January 1996 Report.
    37
    38        That is so, is it, Dr. North?
    39        A.  Yes.
    40
    MR. MORRIS:  Before I move on to that, I am not sure if
    42        I referred to it before, but in case it has not been
    43        referred to in court, it is the memo from John Atherton,
    44        20th May 1993.  Pink volume 8, tab 18, section C is what
    45        I have written down.
    46
    47   MR. JUSTICE BELL:  Let us have a look at that if you want to.
    48        Do you mind getting the pink volume with an "8" on a green
    49        background, please, Dr. North.  Mr. Morris says it is
    50        divider 18. 
    51 
    52   MR. MORRIS:  That is my note of the document.  I cannot remember 
    53        if we actually referred to it.  It is about checking grill
    54        calibrations.  It is just that on page 2 of that memo it
    55        says: "Why do we not check grill calibration on a daily
    56        basis and McDonald's have changed their system for this".
    57        This is a memo to all restaurant managers.  It says:
    58
    59        "Grill calibrations should be checked weekly according to
    60        the PMC" -- I am not sure what that is -- "from a product