Day 120 - 03 May 95 - Page 47


     
     1        afraid of.
     2
     3   MR. JUSTICE BELL:  I am not assuming that Mr. Morris or Ms.
     4        Steel will go on a wild goose chase, but if they appeared
     5        to me to be embarking on such action, I would be able to
     6        say, no, let us look at the franchise agreement because
     7        that is what really rules the situation.
     8
     9   MR. RAMPTON:  My Lord, yes.  I will not take any time.  Can
    10        I just say one more thing.  I do not know whether I said it
    11        earlier, but there is no doubt that Mr. Stein's statement
    12        does really pay attention on this question, because it is
    13        perfectly clear, if he is telling the truth of course --
    14        and he may not be, he may be telling a pack of lies, but if
    15        he is telling the truth about the matter, it is quite clear
    16        that when something goes seriously wrong, whatever the
    17        strict legalities of the thing, the Corporation does step
    18        in and sort things out.  There is no question about that.
    19        Whether it is a joint venture or whether it is a franchise.
    20
    21   MR. JUSTICE BELL:  I would like to know, and it seems to me that
    22        for the time being it could be done in this way, if there
    23        is a model franchise agreement, which is the starting line,
    24        franchise arrangements between the First Plaintiff and
    25        franchisees around the world I would like to see if, and if
    26        there is a copy available in the power, custody or
    27        possession of either the First or Second Plaintiff in
    28        relation to Mr. Makin's company's franchise, I would like
    29        to see that as well.
    30
    31   MR. RAMPTON:  I hear that your Lordship says.
    32
    33   MR. JUSTICE BELL:  Five minutes reading would tell me much more
    34        than hours of evidence as to the degree of control an
    35        actual McDonald's company has over its franchisee.
    36
    37   MR. RAMPTON:  I do not have Mrs. Brindley-Codd here.
    38        Mr. Nicholson is in the witness box.  I cannot say yes, but
    39        I will take note of that, and I will do my best.
    40
    41   MR. JUSTICE BELL:  Yes thank you.
    42
    43   MR. MORRIS:  If I make a very brief comment, which is that we do
    44        not want to go on a wild goose chase, we do not want to
    45        know what the franchise or contract of agreements are
    46        between the Plaintiffs and the Hong Kong McDonald's when
    47        they were changing their packaging.
    48
    49   MR. JUSTICE BELL:  You have heard what I have said to
    50        Mr. Rampton.  Let us see what, if anything, comes of it. 
    51 
    52   MR. MORRIS:  As far as we are concerned, it is all McDonald's. 
    53
    54   MR. JUSTICE BELL:  I am trying to protect you against yourself
    55        in that respect, because I do not want you to get to the
    56        end of the case, say that, and hear me as a lawyer
    57        say:  "Well, I cannot accept that". Do you see?  Let us see
    58        what comes of this first of all.
    59
    60   MR. MORRIS:  Mr. Nicholson, as far as I was concerned, this is

Prev Next Index