Day 165 - 27 Sep 95 - Page 38
1 What I was going to do was schedule maybe a couple of days
2 in that week and, hopefully, ask the court (which is what
3 has happened before) if the other three days could be
4 spare. As for the French witnesses, it may help if they
5 are actually called on the 11th, for example,
6 November (sic) rather than the 9th which gives more time.
7
8 MR. JUSTICE BELL: Have I gone wrong? Do you mean October?
9
10 MR. MORRIS: October, I am sorry, because it would not just be a
11 matter of an extra couple of days time, but also maybe they
12 could be two preparation days in which we could take
13 instructions from our French witnesses. I can see -----
14
15 MR. JUSTICE BELL: You are not suggesting they be called -- have
16 you got Mr. Lamti and Miss Gallez actually arranged for
17 Monday, 13th November or that week?
18
19 MR. MORRIS: I have asked them, in fact, I asked the Plaintiffs
20 also, to contact their stores, the McDonald's stores in
21 France, to see that if Mr. Lamti and Ms. Gallez can have
22 paid leave to attend court to enable them to attend court.
23 They have said they would pass on that request for those
24 days. Obviously, they may need days either side or
25 something, or a week. I do not know how that all works
26 out. But that kind of thing has been put in train and
27 I prefer to keep that.
28
29 If the Plaintiffs' French witnesses, who we do not know
30 yet; we have not got any statements yet -- it will not
31 necessarily help us that they occur exactly in the week
32 before. Although it would be fresh in our minds, I do not
33 believe our witnesses would be able to afford to be able to
34 come the week before to sit in, so to speak.
35
36 So as far as I am concerned, I would rather finish off as
37 much of the Plaintiffs' witnesses in one go as possible.
38 It may be better that they come on 11th/12th/13th October.
39 I think it is always better to err on the side of length
40 when it may require translation.
41
42 MR. JUSTICE BELL: Look, what I will do for the moment is pencil
43 in the Plaintiffs' French witnesses for those three days.
44 What about the argument on the meaning of the nutrition
45 parts of the leaflet?
46
47 MR. MORRIS: It may be a good idea.
48
49 MR. JUSTICE BELL: I do not want you to think there is too much
50 technicality about the meaning. You should certainly read
51 through Charleston again and you should bear in mind what
52 the Master of the Rolls said about these things not bearing
53 too much analysis. You should be prepared to make sure
54 that I have a grip of the particular points and the
55 particular words in the leaflet which I should bear in
56 mind.
57
58 I do not think it is a matter which involves an enormous
59 amount of preparation, especially since, not just when the
60 question of the amendment arose, but even from time to time
