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.

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