Day 082 - 01 Feb 95 - Page 20
1 mind -- let us just take Jarret, for instance, because it
2 is a name I am familiar with. As I understand it, Jarret's
3 position is that it is a slaughterhouse which is not
4 controlled by McKey, let alone McDonald's. It sells boned
5 meat to McKey which processes it for onward transmission to
6 McDonald's. If you want someone to go and look at Jarret,
7 therefore, you really got have to ask Jarret whether they
8 will let you do so and let your chosen witness do so.
9
10 I can see that a convenient way of obtaining the facility
11 of inspection is to ask if McDonald's can pave the way, but
12 without having heard any argument on it, it seems to me
13 that the request actually goes to Jarret. It is your
14 request to Jarret. If Jarret says "no" to you, then you
15 say to McDonald's: "Well, can you do anything to help us
16 get in there?" They may ask Mr. Walker and Mr. Walker may
17 say "yes" or "no". He said he does not see why he should,
18 in effect, but what you have not done at the moment, or
19 maybe you have, I do not know, is to take the first step of
20 asking Jarret yourselves.
21
22 MR. MORRIS: We did not consider that was the proper
23 course because we were led to believe that that is what the
24 Plaintiffs would be doing, and then they said they would
25 not do it, so -----
26
27 MR. JUSTICE BELL: Your present state of information is they
28 asked Mr. Walker about it.
29
30 MR. MORRIS: Yes.
31
32 MR. JUSTICE BELL: And he did not want to ask.
33
34 MR. MORRIS: Yes.
35
36 MR. RAMPTON: Mr. Morris' memory, my Lord, is as short as it is
37 selective. I did read out in the absence of Mr. Walker in
38 court last week, I think it was last week, maybe on Monday,
39 I do not know, a letter which was sent to the Defendants.
40
41 MR. MORRIS: I am aware of that.
42
43 MR. RAMPTON: On 26th May 1994. That is the end of the line so
44 far as we are concerned.
45
46 MR. MORRIS: I am saying I did not understand what our rights
47 were, what the practice was. It is only recently we
48 thought of the possibility that we could contact people
49 directly. We thought the normal procedure is for the
50 parties to make approaches for -----
51
52 MR. JUSTICE BELL: I do not understand that to be the position.
53 Obviously, if it is McDonald's premises you have to ask
54 McDonald's, but if there are other premises, if they are
55 premises owned by someone else who are merely in some kind
56 of contractual relationship with McDonald's, or not even
57 that, and have had some kind of professional relationship
58 with someone, namely, McKey who had some kind of
59 contractual relationship with McDonald's, that is not so.
60
