Day 074 - 16 Jan 95 - Page 62


     
     1
     2   MR. MORRIS:  Yes.
     3
     4   MR. JUSTICE BELL:  --- by inference, is it not, rather than
     5        Mr. Siddique?
     6
     7   MR. MORRIS:  Yes, although the one over the page actually "says
     8        copy to Mr. Siddique".
     9
    10   MR. JUSTICE BELL:  Well, maybe, but what useful information he
    11        can give us about it ----
    12
    13   MR. MORRIS:  It says in the one overleaf, page 791, "Six months
    14        ago we complained to the manager, Mr. Siddique".  "The
    15        environment/index.html">litter in our street and the surrounding area, particularly
    16        the Kings Road, is simply appalling and disgusting at
    17        present and, for the most part, the environment/index.html">litter is caused by
    18        discarded McDonald's wrappers.  It is simply not
    19        acceptable.  They are now thinking of another environment/index.html">litter patrol
    20        and one has not been seen been in evidence for some time.
    21        For some six months" -- it says Mr. Siddique "some six
    22        months ago we complained to the manager, Mr. Siddique but
    23        did not even receive ..."
    24
    25   MR. JUSTICE BELL:  He was not the manager six months ago.  He
    26        might have only left a few days before.  At the very bottom
    27        of that letter it has got: "Carbon copy Mr. Siddique,
    28        manager of Kings Road branch", which he was not.  Perhaps
    29        it is not unreasonable -- by all means ask him if he got
    30        the letter, but it is easy to see how things might have
    31        been gone.
    32
    33   MR. MORRIS:  Yes.  That complaint that seems to have been made
    34        six months previously, was that to you before you moved on?
    35        A.  Well, I have no idea at all.
    36
    37   Q.   You do not remember that?
    38        A.  Once you become a franchisee you ----
    39
    40   MR. JUSTICE BELL:  It looks as if he may just have gone or been
    41        going.  What I suggest is just sit down a moment and see if
    42        there are any other letters that you wanted to put within
    43        Mr. Siddique's managership, that is up to May 1993.
    44
    45   MR. MORRIS:  I have finished with the actual letters.  If we
    46        could have a couple of minutes just to move on.
    47
    48   MR. RAMPTON:  My Lord, while the Defendants do that or before
    49        they do it, the Defendants do have a positive case to put
    50        to this witness apparently.  If they are going to call 
    51        Mr. McIntyre (I am afraid I did not know that he had been 
    52        in court last week, I am pleased to hear that he was), then 
    53        they must know what the positive case is.  Since it is a
    54        case which they were not willing to put to Mr. Stump on the
    55        basis that they did not know which manager it was that
    56        Mr. McIntyre had dealt with, they must, with respect, put
    57        it to Mr. Siddique so that he can deal with it.
    58
    59        Mr. McIntyre says, I remind your Lordship, "Ever since
    60        McDonald's opened at the corner of the Kings and Road Royal

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