Day 165 - 27 Sep 95 - Page 38


     
     1        What I was going to do was schedule maybe a couple of days
     2        in that week and, hopefully, ask the court (which is what
     3        has happened before) if the other three days could be
     4        spare.  As for the French witnesses, it may help if they
     5        are actually called on the 11th, for example,
     6        November (sic) rather than the 9th which gives more time.
     7
     8   MR. JUSTICE BELL:  Have I gone wrong?  Do you mean October?
     9
    10   MR. MORRIS:  October, I am sorry, because it would not just be a
    11        matter of an extra couple of days time, but also maybe they
    12        could be two preparation days in which we could take
    13        instructions from our French witnesses.  I can see -----
    14
    15   MR. JUSTICE BELL:  You are not suggesting they be called -- have
    16        you got Mr. Lamti and Miss Gallez actually arranged for
    17        Monday, 13th November or that week?
    18
    19   MR. MORRIS:  I have asked them, in fact, I asked the Plaintiffs
    20        also, to contact their stores, the McDonald's stores in
    21        France, to see that if Mr. Lamti and Ms. Gallez can have
    22        paid leave to attend court to enable them to attend court.
    23        They have said they would pass on that request for those
    24        days.  Obviously, they may need days either side or
    25        something, or a week.  I do not know how that all works
    26        out.  But that kind of thing has been put in train and
    27        I prefer to keep that.
    28
    29        If the Plaintiffs' French witnesses, who we do not know
    30        yet; we have not got any statements yet -- it will not
    31        necessarily help us that they occur exactly in the week
    32        before.  Although it would be fresh in our minds, I do not
    33        believe our witnesses would be able to afford to be able to
    34        come the week before to sit in, so to speak.
    35
    36        So as far as I am concerned, I would rather finish off as
    37        much of the Plaintiffs' witnesses in one go as possible.
    38        It may be better that they come on 11th/12th/13th October.
    39        I think it is always better to err on the side of length
    40        when it may require translation.
    41
    42   MR. JUSTICE BELL:  Look, what I will do for the moment is pencil
    43        in the Plaintiffs' French witnesses for those three days.
    44        What about the argument on the meaning of the nutrition
    45        parts of the leaflet?
    46
    47   MR. MORRIS:  It may be a good idea.
    48
    49   MR. JUSTICE BELL:  I do not want you to think there is too much
    50        technicality about the meaning.  You should certainly read 
    51        through Charleston again and you should bear in mind what 
    52        the Master of the Rolls said about these things not bearing 
    53        too much analysis.  You should be prepared to make sure
    54        that I have a grip of the particular points and the
    55        particular words in the leaflet which I should bear in
    56        mind.
    57
    58        I do not think it is a matter which involves an enormous
    59        amount of preparation, especially since, not just when the
    60        question of the amendment arose, but even from time to time

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