Day 193 - 28 Nov 95 - Page 43


     
     1
     2   MR. RAMPTON:  I do not believe there is a copy of the licence
     3        agreement in this file either, as it happens.
     4
     5   MR. JUSTICE BELL:  That is the next point.  In case it matters,
     6        on page 1605 in tab 8 it sets out there what is said by
     7        Ballantyne Foods to be the history, namely that Tingle
     8        Foods Incorporated made a licence agreement with McDonald's
     9        Restaurants of Canada in 1979; in December 1991 Cameron
    10        Ballantyne acquired all the shares of that corporation,
    11        changed the corporation's name to Ballantyne Foods Limited,
    12        which is how it was trading at the time that the
    13        unionisation drive started.  Perhaps the detail does not
    14        matter, but what I want to know is whether it is common
    15        ground, because it has certainly been worked on that basis,
    16        that Ballantyne Foods Limited was the licensee of
    17        McDonald's.  It may be in, I have forgotten his name now,
    18        Mr. Ellis' statement.
    19
    20   MR. RAMPTON:  My Lord, it may be.  I had not thought of that.
    21
    22   MR. JUSTICE BELL:  It may be that you will be happy to say that
    23        is common ground.
    24
    25   MR. MORRIS:  He was a franchisee of McDonald's.
    26
    27   MR. JUSTICE BELL:  Yes.
    28
    29   MR. MORRIS:  I think so, yes.
    30
    31   MR. JUSTICE BELL:  The trouble is, you see, one slips through
    32        these things and, at the end of the day, finds that people
    33        have been assuming a certain thing but I have actually got
    34        no admissible evidence on it.
    35
    36   MR. MORRIS:  It is common ground.
    37
    38   MR. JUSTICE BELL:  It is not just legalistic peasantry.
    39
    40   MR. MORRIS:  Obviously, we accept that he is a franchisee, but
    41        we do not accept that that is not part of McDonald's.
    42
    43   MR. JUSTICE BELL:  That is another argument.  What I want to
    44        know is whether it is common ground that Ballantyne Foods
    45        Limited was a licensee, and that the Canadian Company
    46        either directly or indirectly was a wholly owned subsidiary
    47        of the First Plaintiff.  That is all I need to know.
    48
    49   MR. MORRIS:  We will accept that.
    50 
    51   MR. JUSTICE BELL:  Yes, very well.  We go to Friday, do we, with 
    52        Mr. Sutcliffe? 
    53
    54   MR. RAMPTON:  Yes.  I am sorry for the loss of a bit of time.
    55        That is because my cross-examination was shorter than I had
    56        anticipated.
    57
    58   MR. JUSTICE BELL:  I am not unduly concerned.  I would like
    59        there to be as few days as possible which are missed in
    60        court, but if they become preparation days I hope they will

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