Day 121 - 04 May 95 - Page 64
1 Defendants as being not true because we believed McDonald's
2 when they said they had a waiver of their obligations, but
3 now I am just asking ----
4
5 MR. JUSTICE BELL: Yes, but you did not ask to put something
6 else in instead. You did not ask for some lesser charge in
7 relation to disabled people and, until you do, it is not in
8 the forum. It is rather different, in my view, to the
9 situation where you have been allowed to raise matters if
10 they are in statements even though they were not pleaded
11 because you were not being put to having to plead it. When
12 something in that area was pleaded and has gone and you did
13 not try to substitute something else, then you must leave
14 it alone. Ask about something else.
15
16 MR. MORRIS: If Mr. Rampton's objection is only on the length of
17 time, then we can guarantee it will not take more than
18 three or four minutes to deal with the subject.
19
20 MR. JUSTICE BELL: That is not my objection. I have ruled
21 against him on that. Go on to your next one.
22
23 MR. MORRIS: If I can submit that it relates to conditions in
24 the stores which is pleaded, that the reasons for seeking
25 the waiver in my reasonable belief relate to the conditions
26 of work in McDonald's stores, and I think that if
27 McDonald's have a reason for seeking the waiver then
28 I think we should be entitled to know it on those grounds
29 if it relates to the conditions in McDonald's stores.
30
31 MR. JUSTICE BELL: Just saying that something is relevant
32 because it relates to conditions in McDonald's stores is
33 too wide. You have pleaded or brought in by virtue of
34 statements certain allegations about working conditions
35 which you criticise in McDonald's stores, and I have
36 allowed you a bit of latitude in some cases in relation to
37 those. But you do not have anything in relation to this
38 once your specific pleading was struck out. You did not
39 say at the time, and you have not said since, "We have a
40 lesser allegation to make, so we would like to vary the
41 pleading". You must observe that rule on that,
42 Mr. Morris.
43
44 MR. MORRIS: If I may ask a question then about conditions in
45 the stores; it is not an open question about this, but it
46 is a question -- if I may ask the question and maybe if you
47 want to stop me after I have asked it ----
48
49 MR. JUSTICE BELL: Not on conditions which might relate to
50 disabled people because that would just be taking in
51 through the back door what you have been refused permission
52 to bring in by the front.
53
54 MR. MORRIS: I think that is all on your statement,
55 Mr. Nicholson. While we are on the subject of statements,
56 there was just one other statement of the Plaintiffs I want
57 to refer to which was Volume X, yellow.
58
59 MR. JUSTICE BELL: The same bundle as your statement is in.
60 Yellow X.
