Day 121 - 04 May 95 - Page 64


     
     1        Defendants as being not true because we believed McDonald's
     2        when they said they had a waiver of their obligations, but
     3        now I am just asking ----
     4
     5   MR. JUSTICE BELL:  Yes, but you did not ask to put something
     6        else in instead.  You did not ask for some lesser charge in
     7        relation to disabled people and, until you do, it is not in
     8        the forum.  It is rather different, in my view, to the
     9        situation where you have been allowed to raise matters if
    10        they are in statements even though they were not pleaded
    11        because you were not being put to having to plead it.  When
    12        something in that area was pleaded and has gone and you did
    13        not try to substitute something else, then you must leave
    14        it alone.  Ask about something else.
    15
    16   MR. MORRIS:  If Mr. Rampton's objection is only on the length of
    17        time, then we can guarantee it will not take more than
    18        three or four minutes to deal with the subject.
    19
    20   MR. JUSTICE BELL:  That is not my objection.  I have ruled
    21        against him on that.  Go on to your next one.
    22
    23   MR. MORRIS:  If I can submit that it relates to conditions in
    24        the stores which is pleaded, that the reasons for seeking
    25        the waiver in my reasonable belief relate to the conditions
    26        of work in McDonald's stores, and I think that if
    27        McDonald's have a reason for seeking the waiver then
    28        I think we should be entitled to know it on those grounds
    29        if it relates to the conditions in McDonald's stores.
    30
    31   MR. JUSTICE BELL:  Just saying that something is relevant
    32        because it relates to conditions in McDonald's stores is
    33        too wide.  You have pleaded or brought in by virtue of
    34        statements certain allegations about working conditions
    35        which you criticise in McDonald's stores, and I have
    36        allowed you a bit of latitude in some cases in relation to
    37        those.  But you do not have anything in relation to this
    38        once your specific pleading was struck out.  You did not
    39        say at the time, and you have not said since, "We have a
    40        lesser allegation to make, so we would like to vary the
    41        pleading".  You must observe that rule on that,
    42        Mr. Morris.
    43
    44   MR. MORRIS:  If I may ask a question then about conditions in
    45        the stores; it is not an open question about this, but it
    46        is a question -- if I may ask the question and maybe if you
    47        want to stop me after I have asked it ----
    48
    49   MR. JUSTICE BELL:  Not on conditions which might relate to
    50        disabled people because that would just be taking in 
    51        through the back door what you have been refused permission 
    52        to bring in by the front. 
    53
    54   MR. MORRIS:  I think that is all on your statement,
    55        Mr. Nicholson.  While we are on the subject of statements,
    56        there was just one other statement of the Plaintiffs I want
    57        to refer to which was Volume X, yellow.
    58
    59   MR. JUSTICE BELL:  The same bundle as your statement is in.
    60        Yellow X.

Prev Next Index