Day 037 - 14 Oct 94 - Page 44


     
     1        Statement of Claim, "concerning bulk and ease of chewing
     2        is surely a matter of personal opinion".  Do you believe
     3        that bulk and ease of chewing is a matter of personal
     4        opinion?
     5        A.  I do.
     6
     7   Q.   Now item 5 on page 8 of your statement refers to -----
     8
     9   MR. JUSTICE BELL:  I was going to mention this some time, but I
    10        will use this as the opportunity to do so:  If either side
    11        wishes me to go to a McDonald's restaurant completely
    12        unarranged and eat or try any specific McDonald's meal or
    13        look at any part of the way they work, I will do so.  It
    14        will not be an arranged visit.  I will just pick a time
    15        and place convenient to me and go some time during the
    16        trial.
    17
    18   MR. RAMPTON:  We were conscious your Lordship might make that
    19        suggestion at some stage during the case.  There are, of
    20        course, other areas of the case which your Lordship might
    21        be interested in in terms of a view.  If your Lordship
    22        thought it helpful to do any of those journeys, as it
    23        were, then we will arrange it.
    24
    25   MR. JUSTICE BELL:  I would rather it was not arranged, I
    26        think.  If there is a purpose in arranging it, then do
    27        so.  But it might just be better if I went at whatever
    28        time suits me, but what I suggest is we go on through the
    29        evidence because in the course of evidence points may crop
    30        up which I ought to pay attention to if I did go.
    31
    32   MR. RAMPTON:  Yes.  The difficulty, I anticipate, about an
    33        unarranged or unannounced visit by a tribunal of fact in a
    34        case like this is that it is not known by the parties what
    35        it is that the tribunal of fact saw when it was there.
    36
    37   MR. JUSTICE BELL:  I would tell you afterwards if that helped.
    38        Anyway, we will come back to it.  I merely raise it now
    39        because no-one is to assume that I am greatly familiar
    40        with McDonald's restaurants and the meals which they sell.
    41
    42   MR. RAMPTON:  I am afraid I had assumed the contrary, my Lord.
    43
    44   MR. JUSTICE BELL:  I will be quite candid.  I think I may have
    45        been in a McDonald's restaurant, but I think I may have
    46        been in the one down the Strand just before Charring
    47        Cross, but it is so long ago, I do not have any confident
    48        recollection of it.
    49
    50   MR. RAMPTON:  One outcome of the case might be to increase 
    51        McDonald's customer base! 
    52 
    53   MR. JUSTICE BELL:  I do not know.
    54
    55   MR. MORRIS:  When I said "Oh, no" that was not because I was
    56        against the idea; it is just I thought I might have to eat
    57        one of their hamburgers!
    58
    59   MR. JUSTICE BELL:  I do not think I am in any way indicating
    60        any view on any part of the evidence if I say I do not

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