Day 188 - 15 Nov 95 - Page 77
1
2 MS. STEEL: I do recall that Mr. Morris did raise this in court
3 and McDonald's said -- can I just finish? The whole
4 purpose -- she was just concerned about if she would be in
5 breach of whatever agreement she made not to repeat these
6 things if she came to court and repeated them here; and
7 McDonald's did give an undertaking that she basically would
8 not be in breach of that previous agreement that she made
9 by making the statements in court.
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11 MR. RAMPTON: Ms. Steel is quite wrong. I do not give
12 undertakings to obey the law of this country. I could not
13 possibly sue, nor could anybody.
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15 MS. STEEL: Well, they confirmed that they would not take any
16 action whatever. It all comes to the same thing.
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18 MR. JUSTICE BELL: It does not actually, because "undertaking"
19 is a term of art.
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21 MR. RAMPTON: Exactly.
22
23 MR. JUSTICE BELL: What I propose to do is cross out that last
24 sentence. She can remain reassured that she is protected
25 so far as anything she says in the witness box is
26 concerned.
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28 MR. RAMPTON: Or, indeed, in the witness statement.
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30 MR. JUSTICE BELL: Or in her witness statement. But there is no
31 question of an undertaking from McDonald's; it is just not
32 necessary. So I will cross it out. It does not make any
33 difference.
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35 MS. STEEL: It does not make any difference, but McDonald's did
36 say that they confirmed that they would not take any
37 action, or something like that. We can look it up if there
38 is a big dispute.
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40 MR. RAMPTON: No. You cannot look it up, because that part of
41 the argument was not transcribed. I have just looked.
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43 MR. JUSTICE BELL: It does not matter. It may be that Ms. Lamb
44 has transformed into an undertaking, which is a term of art
45 in these courts, by McDonald's just an acknowledgment of
46 what her rights under the general law are. In case what
47 she said there might be misunderstood, we will take it
48 out.
49
50 MR. RAMPTON: I am grateful.
51
52 MR. JUSTICE BELL: She can be reassured, if she needs to be,
