Day 205 - 17 Jan 96 - Page 25


     
     1
     2   MR. MORRIS:  So these are not necessarily the best drafted
     3        interrogatories of all time, but the basic -- is it being
     4        argued that we are not allowed to ask interrogatories 2 and
     5        3?  I am not sure.
     6
     7   MR. RAMPTON:  My Lord, I object to them; they do not relate to
     8        anything that is pleaded.
     9
    10   MR. JUSTICE BELL:  Yes.  What it seems to me at the moment is
    11        that you are now seeking by interrogatories to get some
    12        kind of evidence on an issue which I refused to let you
    13        bring into the case in any event, for reasons which I gave
    14        in that ruling.
    15
    16   MR. MORRIS:  If we deal with the rest of the matters?
    17
    18   MR. JUSTICE BELL:  I suggest you deal with 4 to 10, because they
    19        fall into the same category and then separately with 11.
    20
    21   MR. MORRIS:  They are just, basically, what we pleaded, word for
    22        word.  It is a photocopy of the application that we made.
    23        So, as the Plaintiffs have made no discovery and refused to
    24        answer a notice to admit, and Mr. Stein has written a
    25        statement which, if I can find it, basically, in true
    26        McDonald's fashion, completely fails to deal with the
    27        point, what he says in his statement on each point is, and
    28        every point without exception, at the end of his response
    29        to our pleading:  "Following enquiries by members of my
    30        staff carried out at my request, I am able to say that
    31        there is no record of the incident in the possession of the
    32        First Plaintiff".  Sorry, above that, he says:  "I have no
    33        knowledge of the alleged incident".  That applies to every
    34        single one.
    35
    36        So, he has no personal knowledge and the McDonald's
    37        Corporation, presumably, has no record of it, but that does
    38        not deal with the basic matter, whether it is true or not,
    39        and whether McDonald's know or can know it is true, in
    40        which case all they have to do, of course, is phone up the
    41        store and find out what happened or contact their Area,
    42        Regional Supervisors or Managers that are meant to monitor
    43        all their stores and find out the details.
    44
    45        So, on interrogatories, basically, they cannot avoid
    46        putting all their best efforts in to ensure that the facts
    47        are established, in which case we can then just get on with
    48        the case without having to call evidence or do any more
    49        work on either side.
    50 
    51        So, that is basically it. 
    52 
    53   MR. JUSTICE BELL:  What do you say about 11?
    54
    55   MR. RAMPTON:  About that.  My Lord ---
    56
    57   MR. JUSTICE BELL:  No.
    58
    59   MR. RAMPTON:  -- again, I do not understand what more Mr. Stein
    60        is supposed to do.

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