Day 057 - 29 Nov 94 - Page 28
1 MR. MORRIS: To the amount of meals that McDonald's employees
2 are consuming or may be consuming at McDonald's. It is
3 possible in Germany that the employees are eating even more
4 regularly than the employees in this country. Also it may
5 mean that the documents in that case may -- presumably,
6 some evidence was given as to whether this was a typical
7 situation or not in Germany if it was going to be used by
8 the Plaintiffs to criticise the conclusions in the book.
9 So, the evidence in that case is relevant to what they say
10 is the most important issue in this case.
11
12 MR. RAMPTON: My Lord, may I deal with that? It may be simplest
13 if we pick these off seriatim? This and other matters
14 relating to Germany will be the subject of the affidavit by
15 Mrs. Brinley-Codd which is nearly complete and it will be
16 dealt with there. If there are any documents they will be
17 disclosed; if there are not, they will not be and the
18 reasons will be given.
19
20 MR. MORRIS: Can that be clarified? Was Mrs. Brinley-Codd doing
21 the affidavit regarding Europe and trade unions or was
22 -----
23
24 MR. JUSTICE BELL: Was?
25
26 MR. MORRIS: The affidavit which you ordered to be done about
27 the European and other non-US and UK employment issues, is
28 it correct that it was Mrs. Brinley-Codd who was ordered to
29 do that affidavit or was it -----
30
31 MR. JUSTICE BELL: I have a recollection but I would much rather
32 be reminded of just what I ordered in relation to that.
33 I think the bottom line of what Mr. Rampton has said is
34 that whoever was ordered to swear the relevant affidavit
35 will deal with that point, whether, in fact, it is
36 Mrs. Brinley-Codd or someone else. So, I suggest you wait
37 and see.
38
39 MR. MORRIS: Yes. I would say that in any event the documents
40 relevant to that court case should be disclosed.
41
42 MR. JUSTICE BELL: I cannot order people to disclose that which
43 they say they do not have. You will have to wait and see
44 whether they do say they do not have it. You have heard
45 Mr. Rampton say if they do have any documents in that
46 category they will be disclosed.
47
48 MR. MORRIS: The Al Golan burgers per week survey -----
49
50 MS. STEEL: Actually, before we go on to that, the thing about
51 whether Mrs. Brinley-Codd was going to be the person
52 swearing the affidavit is 8th June, page 2, where
53 Mr. Rampton says that she should not have to do it.
54
55 MR. JUSTICE BELL: Yes, but what was my order at the end of the
56 day? I do not think it matters at this moment because
57 McDonald's have to abide by my order. What Mr. Rampton is
58 saying, whoever was obliged to swear the affidavit will do
59 so and will deal with this documentation.
60
