Day 157 - 18 Jul 95 - Page 45
1 MS. STEEL: It did not actually come before a court. It was all
2 decided in paper before -- there was no hearing.
3
4 MR. JUSTICE BELL: No, I am not -----
5
6 MR. RAMPTON: My Lord, I am not taking any point on that at the
7 moment.
8
9 MR. JUSTICE BELL: No. I just thought I ought to mention it as
10 it is there in the report.
11
12 MR. RAMPTON: My Lord, that is the actual application made by
13 the Defendants which, by the practice and procedure of the
14 Commission, was actually served on McDonald's by the
15 solicitors acting for the Defendants at that time, Richard
16 Butler.
17
18 MS. STEEL: No, sorry.
19
20 MR. RAMPTON: Was not?
21
22 MS. STEEL: No.
23
24 MR. MORRIS: We were unrepresented.
25
26 MR. RAMPTON: It was served on us.
27
28 MS. STEEL: It certainly was not by Richard Butler anyway.
29
30 MR. RAMPTON: Never mind. My Lord, on page 8 at the top one
31 sees (b) this: This is the Defendants' own application at
32 the time in 19, or whenever it was, but before ever this
33 case come on for trial. Say the Defendants in their
34 application at (b): "The facts in dispute are complex and
35 cover a number of different issues. Proof of some facts
36 will require evidence from abroad". Then, my Lord -----
37
38 MR. MORRIS: Where are you reading from?
39
40 MR. JUSTICE BELL: Page 8.
41
42 MR. RAMPTON: This is the application.
43
44 MR. MORRIS: We do not have any page numbers.
45
46 MR. JUSTICE BELL: No, your own application.
47
48 MR. RAMPTON: You can borrow that. I am surprised you do not
49 have a copy.
50
51 MR. MORRIS: I do not walk around with it generally.
52
53 MR. RAMPTON: You can borrow it but you must give it back. Page
54 8(b). I am not going to read it again. Then, my Lord,
55 page 11 paragraph 10, and again this is the Defendants'
56 application:
57
58 "In establishing a breach of article 6.1 the
59 applicants particularly rely upon the following:
60
