Day 071 - 11 Jan 95 - Page 39
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2 MR. MORRIS: So that is out of that immediate block, the Haagen
3 Dazs is a bit further away than Safeways?
4 A. Not very much further though; they do impact us though.
5
6 Q. So what is the approximate volume of the Safeways take-out
7 business as compared to McDonald's -- just roughly?
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9 MR. JUSTICE BELL: Can you possibly answer that?
10 A. I cannot answer that, sir, no.
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12 MR. MORRIS: It obviously is the biggest anyway on that block.
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14 MR. JUSTICE BELL: He said it is probably the busiest take-away
15 on that block. You must ask yourself whether you can
16 really do better than that.
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18 MR. MORRIS: But do you happen to know what percentage of
19 McDonald's rubbish is; any idea whether it is 50 per cent,
20 70 per cent?
21 A. I could not guess that at all, no.
22
23 Q. We will leave it there.
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25 MR. JUSTICE BELL: Yes, all right. When we continue in the
26 morning and when you make any submissions which you make
27 about the blanked out documents, remember that this is a
28 very specific part of the case, this cluster of witnesses
29 which is environment/index.html">litter, and to remind you the case was GE Capital,
30 Corporate Finance Group v. Bankers Trust Company and
31 Others. The judgments of the Court of Appeal were given on
32 29th July. It was reported in The Times on 3rd August
33 1994. It is a photocopy of that report which I gave to
34 you. I do not know whether it has been reported in any
35 orthodox law report; if it has, we should get copies of
36 that. I will myself try tonight to get a copy of the
37 transcripts from the Supreme Court library. But it is not
38 a matter of just deciding what, if one were sitting under a
39 palm tree, might be thought to be just or not; it is
40 governed by Court of Appeal authority.
41
42 MR. MORRIS: Yes. Can I ask the Plaintiffs to bring in the
43 completed documents in case we decide we wish to have them.
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45 MR. JUSTICE BELL: That is for them to decide. If they have
46 them readily available, it might be wise to do it just in
47 case. The other thing you have to do -- I do not know how
48 readily available they are -- is before you go away quickly
49 flip through and identify those copies which are inadequate
50 in the sense that you cannot read what was copied. We will
51 resume at 10.30.
52
53 (The court adjourned until the following day)
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