Day 283 - 21 Oct 96 - Page 34
1 denied or countered. We say those matters are very
2 significant, to do with the counterclaim, and we will
3 develop our legal argument later on the claim for an
4 injunction as well.
5
6 MR. JUSTICE BELL: Yes. I notice, because I read this during
7 the midday break, that you mention injunction on more than
8 one occasion. At the moment, though I will not stop you if
9 you want to address me on it, it seems to me that is
10 probably a matter for when you receive my judgment, as my
11 judgment, I fear, will be rather long.
12
13 Probably what I will do when I eventually deliver it, is,
14 although I may just deliver a summary and hand down the
15 full judgment, I will then give all the parties sufficient
16 time to read the full judgment through and consider the
17 findings one way or the other and then come back and
18 address me at a subsequent hearing on any ancillary
19 matters, which would include the question of an injunction
20 if McDonald's win to any extent.
21
22 So do not feel you are obliged to address me on
23 injunction. If McDonald's succeed on any part of their
24 claim, then there will be an opportunity for you and
25 Mr. Rampton, or whoever represents McDonald's, to address
26 me on whether there should be any injunction, and, if so,
27 what terms it should be in.
28
29 MR. MORRIS: Would that ancillary hearing take up matters, for
30 example, such as the third party proceedings against the
31 inquiry agents?
32
33 MR. JUSTICE BELL: At the moment I do not see third party
34 proceedings because I refused you leave for that and you
35 will have to consider whether you wish to bring an action
36 against any other persons, no doubt taking into account
37 what findings I have made one way or another in this case.
38
39 MR. MORRIS: Right.
40
41 MR. JUSTICE BELL: By ancillary matters, I mean the question of
42 any injunction, if McDonald's succeed, questions of costs,
43 anything of that kind.
44
45 MR. MORRIS: And damages or whatever.
46
47 MR. JUSTICE BELL: No, damages I would expect to deal with and
48 I would like your assistance at some stage during the next
49 six weeks both so far as anything you wish to say, if
50 anything, about damages to either the first or second
51 plaintiff, if they succeed, or which you may wish to
52 address me on damages to you or Miss Steel if you succeed
53 on your counterclaims.
54
55 MR. MORRIS: Right.
56
57 MR. JUSTICE BELL: So damages I will deal with in the judgment,
58 as I see it at the moment, subject to anything anyone says
59 to me. Injunction costs and so on later, if they are
60 applicable.
