Day 082 - 01 Feb 95 - Page 20


     
     1        mind -- let us just take Jarret, for instance, because it
     2        is a name I am familiar with.  As I understand it, Jarret's
     3        position is that it is a slaughterhouse which is not
     4        controlled by McKey, let alone McDonald's.  It sells boned
     5        meat to McKey which processes it for onward transmission to
     6        McDonald's.  If you want someone to go and look at Jarret,
     7        therefore, you really got have to ask Jarret whether they
     8        will let you do so and let your chosen witness do so.
     9
    10        I can see that a convenient way of obtaining the facility
    11        of inspection is to ask if McDonald's can pave the way, but
    12        without having heard any argument on it, it seems to me
    13        that the request actually goes to Jarret.  It is your
    14        request to Jarret.  If Jarret says "no" to you, then you
    15        say to McDonald's: "Well, can you do anything to help us
    16        get in there?"  They may ask Mr. Walker and Mr. Walker may
    17        say "yes" or "no".  He said he does not see why he should,
    18        in effect, but what you have not done at the moment, or
    19        maybe you have, I do not know, is to take the first step of
    20        asking Jarret yourselves.
    21
    22   MR. MORRIS:  We did not consider that was the proper
    23        course because we were led to believe that that is what the
    24        Plaintiffs would be doing, and then they said they would
    25        not do it, so -----
    26
    27   MR. JUSTICE BELL:  Your present state of information is they
    28        asked Mr. Walker about it.
    29
    30   MR. MORRIS:  Yes.
    31
    32   MR. JUSTICE BELL:  And he did not want to ask.
    33
    34   MR. MORRIS:  Yes.
    35
    36   MR. RAMPTON:  Mr. Morris' memory, my Lord, is as short as it is
    37        selective.  I did read out in the absence of Mr. Walker in
    38        court last week, I think it was last week, maybe on Monday,
    39        I do not know, a letter which was sent to the Defendants.
    40
    41   MR. MORRIS:  I am aware of that.
    42
    43   MR. RAMPTON:  On 26th May 1994.  That is the end of the line so
    44        far as we are concerned.
    45
    46   MR. MORRIS:  I am saying I did not understand what our rights
    47        were, what the practice was.  It is only recently we
    48        thought of the possibility that we could contact people
    49        directly.  We thought the normal procedure is for the
    50        parties to make approaches for ----- 
    51 
    52   MR. JUSTICE BELL:  I do not understand that to be the position. 
    53        Obviously, if it is McDonald's premises you have to ask
    54        McDonald's, but if there are other premises, if they are
    55        premises owned by someone else who are merely in some kind
    56        of contractual relationship with McDonald's, or not even
    57        that, and have had some kind of professional relationship
    58        with someone, namely, McKey who had some kind of
    59        contractual relationship with McDonald's, that is not so.
    60

Prev Next Index