Day 083 - 06 Feb 95 - Page 27


     
     1
     2   MR. MORRIS:  I think whatever the legal argument -- maybe we
     3        could have the argument on the authorities another time.
     4        I am not sure, in reality, what the best course for us to
     5        take on that is, but certainly Mr. Rampton helpfully read
     6        through the contractual obligations of their suppliers
     7        which seem to be, if you like, the main area that was open
     8        to question.  What, in fact, is the obligation
     9        contractually of the suppliers?  Our submission would be
    10        that the contracts that he went through are absolutely
    11        clear, that all the relevant documents should be available
    12        for inspection by McDonald's.
    13
    14        If you recall, the key pages seem to be tab 1, page 33,
    15        which was a very good summary which included the Black
    16        Book:  "Supplier shall provide McDonald's Quality Assurance
    17        Department", so that on top of inspection there was also
    18        supplying documents.  But in this case I think the
    19        important thing is the availability for inspection.  There
    20        is absolutely no qualification of that in terms of "only
    21        for the purposes of the business and not for any other
    22        matters", such as a court case whatever.  It seems to
    23        be -----
    24
    25   MR. JUSTICE BELL:  Yes, you see, in relation to page 33, the
    26        point Mr. Rampton was taking, or one of them, if
    27        I understood him correctly, is that the Black Book has to
    28        be available for inspection at each production location,
    29        which does not mean that McDonald's have the power to say:
    30         "You must give me a copy which I can take away"; whereas
    31        the second paragraph provides for information which must be
    32        provided in writing and anything which has come as a result
    33        of that is in McDonald's possession or has been, and
    34        I suppose you might argue: "Well, if they must provide the
    35        information in writing, that means that McDonald's can call
    36        for a letter", then the argument comes in whether they can
    37        call for it for the purposes of this litigation as opposed
    38        to making quality assurance checks.
    39
    40        But I think that is the only paragraph -- I may be wrong --
    41        which says that the supplier has to actually provide
    42        McDonald's with something on a bit of paper going into
    43        their possession.  You see the possible distinction?
    44
    45   MR. MORRIS:  Yes.  I just noticed by the way on page 23 almost
    46        the exact same wording as on page 33 in their specification
    47        dated 1975, revised 1987.  So it seems that is a standard
    48        kind of position.  It is point 3 on that page.
    49
    50   MR. JUSTICE BELL:  Yes.  But, you see, that may be thought to be 
    51        the tip of the iceberg, from your point of view, because 
    52        there are all sorts of other documents which you have 
    53        indicated you would like to see which would not fall within
    54        those categories of information which must be provided in
    55        writing pursuant to the specification.
    56
    57   MR. MORRIS:  Yes.  I mean, our basic position on the contracts
    58        would be the contracts, when they say "make available for
    59        inspection" and the Black Book and files that have been
    60        mentioned, the evidence that has been given in this court

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