Day 059 - 01 Dec 94 - Page 39


     
     1
     2   MR. JUSTICE BELL:  No, I can look it up for myself in due
     3        course.
     4
     5   MR. RAMPTON:  But that point that my Lord has made there,
     6        Mr. Oakley, perhaps has this bearing on the document you
     7        are looking at now, the letter of 3rd December, where Lin
     8        Pac say they we will take every step to try to meet a
     9        deadline at the end March 1988, do you see that?
    10        A.  Yes.
    11
    12   Q.   Is that a deadline set by legal requirement or by
    13        McDonald's?
    14        A.  By McDonald's.
    15
    16   Q.   Mrs. Brinley-Codd -- she is always ahead of me, at least
    17        not far behind anyway -- has passed me a copy of the
    18        Protocol which says that the protocol shall enter into
    19        force on 1st January 1989, and there are various steps
    20        after that.  But the protocol itself would not be in force
    21        for another year after this.  Thank you.
    22
    23   MR. JUSTICE BELL:  Yes, thank you.
    24
    25   MR. RAMPTON:  Then, finally in this section -- not quite finally
    26         -- will you turn over two pages or more, Mr. Oakley,
    27        please, to the last document in this section which is
    28        No. 510 AD -- that is page number not the date -- the date
    29        of the document is 18th August 1988.  It is a memorandum,
    30        do you see?
    31        A.  Yes.
    32
    33   Q.   It is to Mike Friedmann, who is Mike Friedmann?
    34        A.  Mike Friedmann was a buyer with McDonalds UK Purchasing
    35        Department at that time.
    36
    37   Q.   It comes from you.  Then there is some handwriting on the
    38        bottom which, I am afraid, I cannot read addressed to
    39        somebody whose name I cannot read.  Can you help us with
    40        that or not?  "Dear somebody" ---
    41        A.  Yes.
    42
    43   Q.   -- "could you please send an answer directly to the above
    44        mentioned licensees", is that right, "thank you"?
    45        A.  It is probably "Dear Peter" which would be Peter
    46        O'Shea.
    47
    48   Q.    I see.  "Thank you, Mike" and then there is a squiggle
    49        underneath that which I am afraid I cannot cope with.  But
    50        what you said to Mr. Friedmann is this:  "Foam packaging. 
    51        A number of the licensees have complained that the new foam 
    52        boxes are warping in the production holding bin.  This has 
    53        occurred since we switched to Pentane.  Will you please
    54        take this up with Peter O'Shea so that we may reply
    55        directly to these licensees".  My question is, had there
    56        been problems with the new hydrocarbon blown clam shells?
    57        A.  Yes, there had.
    58
    59   Q.   Do we see that if we turn back a page to 9th September
    60        (which is, as I say, out of order) of the same year, 1988,

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