Day 006 - 05 Jul 94 - Page 55


     
     1   MR. JUSTICE BELL:  Where is that pleaded, in fact?
 
     2   MR. MORRIS:  It was certainly pleaded in the matters which you
              struck out.  I do not know why Mr. Rampton thinks that is
     3        funny because I take it very seriously.
 
     4   MR. JUSTICE BELL:  You have to concentrate on what is in the
              pleadings now.  In fact, I have let you go on on a number
     5        of matters which are not actually pleaded because I do not
              want to be restrictive, if I can avoid it, but where in
     6        the present pleadings is there are an allegation that
              McDonald's do not look properly after the safety of their
     7        children
 
     8   MR. MORRIS:  This is subject of cross-examination after the
              counterclaim has been replied to, I do not know.
     9
         MR. JUSTICE BELL:  Leave it now and I will reconsider it after
    10        the counterclaim.
 
    11   MR. MORRIS:  I just want to make one point on that about
              seating which the company was told to ban.
    12
         MR. JUSTICE BELL:  Just pause a moment.  Where is this in the
    13        pleadings?
 
    14   MISS STEEL:  Can I just ask something?  This matter and, for
              example, the charitable activities, which is not pleaded,
    15        were actually raised by Mr. Preston himself as evidence of
              how wonderful McDonald's is.  So, if he is going to use it
    16        in that way, then surely we have the right to come back to
              try and knock this down, otherwise people may be left with
    17        that impression.
 
    18   MR. JUSTICE BELL:  That may be so to this extent, that you have
              cross-examined -- that I understood was the relevance of
    19        cross-examining on the LSM papers -- because what you want
              to demonstrate is that the charitable activities are not
    20        all love; they are commercial benefit.  I understand that,
              but what I do not at the moment understand the connection
    21        to be between an accident which may or may not have
              happened to a child in McDonald's premises and that topic.
    22
         MISS STEEL:  I think because Mr. Preston was talking about the
    23        parties and saying what a good thing they were.
 
    24   MR. JUSTICE BELL:  Yes, but raising the question of parties
              does not entitle you to ask about anything which may have
    25        happened at the party and then seek to bring in through
              the back door something which I have given a ruling on, 
    26        saying you are not entitled to plead it, to put it as an 
              allegation. 
    27
              What I suggest you do, you are going to be able to
    28        cross-examine Mr. Preston later when he comes back; by the
              time he does so, the whole question of the pleading of the
    29        counterclaim will be finished.  If you can demonstrate to
              me that this line of questioning is relevant to some issue
    30        then, so be it.  When you come back anyway, even if you
              cannot do that, you can refer me to the ruling I made,

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