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

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