Day 148 - 05 Jul 95 - Page 11

     
     1
     2   MR. MORRIS:  Yes.  OK, but it does mean that I think we should
     3        just canvass our opinion on it because it is something that
     4        the Plaintiffs bring up from time to time when it suits
     5        them.
     6
     7   MR. JUSTICE BELL:  I do not want to hear that now because it is
     8        not a matter upon which I have to rule at this stage, and
     9        it is not a matter where it would be appropriate to give
    10        any indication of view at this stage.  I only want you to
    11        raise things where you actually want me to rule or give
    12        some indication of view which you may think helps the
    13        hearing to run along.
    14
    15   MR. MORRIS:  I think, on that matter then, the obligation is on
    16        the Plaintiffs to show in any particular individual
    17        circumstance how they disown responsibility for what a
    18        franchisee, or whatever, does.  It is not our obligation to
    19        have to justify why they should be because their lead
    20        witnesses have already said that the case is about all
         McDonald's restaurants in the world, particularly UK and
    22        USA, of course.
    23
    24        If we can just do the discovery application?  The reference
    25        is day 121 which was 4th May this year; the report of the
    26        Gary Davies incident.
    27
    28   MR. RAMPTON:  My Lord, can I understand which sheet we are on?
    29
    30   MR. MORRIS:  It is our own application.
    31
    32   MR. RAMPTON:  Bone and Hovi, the Defendants now say are
    33        their-----
    34
    35   MR. JUSTICE BELL:  No, he is taking things in whichever order he
    36        chooses and he has not got to Bone and Hovi.
    37
    38   MR. RAMPTON:  It helps me if I know where we are.
    39
    40   MR. JUSTICE BELL:  We are on item 4, report on Gary Davies.
         I have not brought all the transcripts down.  I have
    42        brought some of them.  I do not think I have actually, just
    43        looking, got that; so you tell me and I will look at it.
    44
    45   MR. MORRIS:  You may recall -----
    46
    47   MR. RAMPTON:  No, my Lord, please, I do not have a perfect
    48        recall.  I need to know which date that is because day 121
    49        means nothing.
    50 
    51   MR. JUSTICE BELL:  It is 4th May, Mr. Morris said. 
    52 
    53   MR. RAMPTON:  I am grateful to your Lordship.
    54
    55   MR. MORRIS:  It is on day 121 on page 32, line 43.
    56
    57   MR. JUSTICE BELL:  Read the bit out to me.
    58
    59   MR. MORRIS:  From line 24 onwards Helen asked:  "Did you
    60        investigate that case at all?"  This is a pleaded case of