Day 158 - 19 Jul 95 - Page 62
1 The reason for that -- again, it is a practical reason --
2 is that we have to know whether or not we are coming back
3 to evidence on that topic and, if so, when, when the new
4 terms begins.
5
6 MR. JUSTICE BELL: There is no application in relation to
7 nutrition at the moment.
8
9 MR. RAMPTON: No, I know.
10
11 MR. JUSTICE BELL: There is just a question mark over who is
12 actually required to be recalled.
13
14 MR. RAMPTON: No, my Lord. Mr. Morris has indicated that he
15 wants to apply to strike out our case.
16
17 MR. JUSTICE BELL: He has indicated that he was thinking about
18 that, but until it actually happens it is just not there,
19 as far as I am concerned.
20
21 MR. RAMPTON: I am sorry, I wrote it down as being one of the
22 things he wanted dealt with. If he does not, I am quite
23 happy to scratch it out again.
24
25 MS. STEEL: The skeleton we were preparing is nigh on finished
26 and, hopefully, we would be in a position to argue it next
27 week. So it might better to do that on Monday rather than
28 Tuesday.
29
30 MR. RAMPTON: No. I have a witness on Monday.
31
32 MR. JUSTICE BELL: I have an input into this, and I may or may
33 not be willing to hear it next week. It just depends how
34 much is involved in it and when I could possibly give a
35 decision on it, if it was raised. The nearer we get to the
36 end of term, the less inclined I am to hear any substantial
37 interlocutory application with the best part of a two month
38 gap before we resume.
39
40 MR. MORRIS: We are prepared to do it on Friday, if that helps.
41 We will make sure it is ready by Friday.
42
43 MR. RAMPTON: My Lord, it does not help at all. I know, in a
44 sense, your Lordship can say it is all our fault for
45 bringing this action, but I have a lady who has been asked
46 to come to court on Friday and Monday, so that she can give
47 her evidence. She is a franchisee; she is not a McDonald's
48 employee. I really would much prefer that we get on with
49 the evidence. If it means that the Defendants' nutrition
50 thing has to stand over until next term, so be it. That
51 means she would not then be able to come back until
52 October, because I could not fit her in on Monday and
53 Tuesday. If the Defendants would guarantee to finish
54 Mrs. Antenni in half a day, then I will call her on Friday,
55 but not otherwise.
56
57 MS. STEEL: To be honest, her statement was only served a couple
58 of weeks ago. I do not know that I have even read it. I
59 think I did look through it, but I have not done any
60 preparation on it. So I certainly could not guarantee to
