Day 158 - 19 Jul 95 - Page 62


     
     1        The reason for that -- again, it is a practical reason --
     2        is that we have to know whether or not we are coming back
     3        to evidence on that topic and, if so, when, when the new
     4        terms begins.
     5
     6   MR. JUSTICE BELL:  There is no application in relation to
     7        nutrition at the moment.
     8
     9   MR. RAMPTON:  No, I know.
    10
    11   MR. JUSTICE BELL:  There is just a question mark over who is
    12        actually required to be recalled.
    13
    14   MR. RAMPTON:  No, my Lord.  Mr. Morris has indicated that he
    15        wants to apply to strike out our case.
    16
    17   MR. JUSTICE BELL:  He has indicated that he was thinking about
    18        that, but until it actually happens it is just not there,
    19        as far as I am concerned.
    20
    21   MR. RAMPTON:  I am sorry, I wrote it down as being one of the
    22        things he wanted dealt with.  If he does not, I am quite
    23        happy to scratch it out again.
    24
    25   MS. STEEL:  The skeleton we were preparing is nigh on finished
    26        and, hopefully, we would be in a position to argue it next
    27        week.  So it might better to do that on Monday rather than
    28        Tuesday.
    29
    30   MR. RAMPTON:  No.  I have a witness on Monday.
    31
    32   MR. JUSTICE BELL:  I have an input into this, and I may or may
    33        not be willing to hear it next week.  It just depends how
    34        much is involved in it and when I could possibly give a
    35        decision on it, if it was raised.  The nearer we get to the
    36        end of term, the less inclined I am to hear any substantial
    37        interlocutory application with the best part of a two month
    38        gap before we resume.
    39
    40   MR. MORRIS:  We are prepared to do it on Friday, if that helps.
    41        We will make sure it is ready by Friday.
    42
    43   MR. RAMPTON:  My Lord, it does not help at all.  I know, in a
    44        sense, your Lordship can say it is all our fault for
    45        bringing this action, but I have a lady who has been asked
    46        to come to court on Friday and Monday, so that she can give
    47        her evidence.  She is a franchisee; she is not a McDonald's
    48        employee.  I really would much prefer that we get on with
    49        the evidence.  If it means that the Defendants' nutrition
    50        thing has to stand over until next term, so be it.  That 
    51        means she would not then be able to come back until 
    52        October, because I could not fit her in on Monday and 
    53        Tuesday.  If the Defendants would guarantee to finish
    54        Mrs. Antenni in half a day, then I will call her on Friday,
    55        but not otherwise.
    56
    57   MS. STEEL:  To be honest, her statement was only served a couple
    58        of weeks ago.  I do not know that I have even read it.  I
    59        think I did look through it, but I have not done any
    60        preparation on it.  So I certainly could not guarantee to

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