Day 205 - 17 Jan 96 - Page 21
1 So there should be four introductory pages which show the
2 documents that we got his questioning from. Then below
3 that I have extracted some of the pages from what had
4 already been disclosed previously and identified the
5 sections that we wished to rely on and, in fact, read out
6 at some stage as a Civil Evidence Act Notice his testimony
7 to Congress.
8
9 I do not know the best way of dealing with this from now
10 on. Shall we just leave it for another day to read out as
11 a Civil Evidence Act Notice? Is it clear what I have done
12 there?
13
14 MR. JUSTICE BELL: I think it is. You go from in each instance
15 the down pointing arrows to the up pointing arrows.
16
17 MR. MORRIS: That is right.
18
19 MR. JUSTICE BELL: I would not read it today, but we will hear
20 -- that is your sole point on that, is it?
21
22 MR. MORRIS: We had also -----
23
24 MR. JUSTICE BELL: I know you have interrogatories, but so far
25 as the Civil Evidence Act and Mr. Stein is concerned?
26
27 MR. MORRIS: Yes, so far as the Civil Evidence Act Notice is
28 concerned, that is it. There was also a letter which we
29 sent to the Plaintiffs on 15th December 1995, which asked
30 the Plaintiffs to admit the factual -- well, we are coming
31 on to that; maybe we should deal with that now, the
32 interrogatories on this subject as well, but I do not know
33 if the Plaintiffs have a copy of that letter. But I will
34 just read it out, it is a very brief letter. It was a
35 notice to admit facts, served 15th December 1995:
36
37 "1. Please admit that the factual matters pleaded in our
38 re-amended pleadings relating to 'child labour law
39 violations and hygiene violations' are correct;
40 2. Please also admit that up to May 28th 1990 in the USA
41 approximately seven to 10 per cent of all franchisees
42 investigated were cited for child labour violations". That
43 second one obviously relates to the testimony of Stan Stein
44 to congress.
45 3. Please also admit that on June 4th 1990 McDonald's in
46 Milwaukee was cited for 45 violations for children working
47 beyond curfew above eight hours per day, above 40 hours per
48 week, working during school hours and without a permit".
49 That also relates to the testimony of Stan Stein to
50 Congress. So, we have not had, I do not think, a reply to
51 that.
52
53 MR. JUSTICE BELL: You may not get one if it is a notice to
54 admit facts, because a notice to admit facts does not
55 force, as I understand it -- we can look again at the White
56 Book -- the person upon whom the notice is served to give
57 an answer. If an answer is given and that avoids the need
58 to call evidence, well and good, but if the other party
59 neglects or refuses, I think the words are in the Rule, to
60 answer the notice to admit facts and you are put to proving
