Day 205 - 17 Jan 96 - Page 21


     
     1        So there should be four introductory pages which show the
     2        documents that we got his questioning from.  Then below
     3        that I have extracted some of the pages from what had
     4        already been disclosed previously and identified the
     5        sections that we wished to rely on and, in fact, read out
     6        at some stage as a Civil Evidence Act Notice his testimony
     7        to Congress.
     8
     9        I do not know the best way of dealing with this from now
    10        on.  Shall we just leave it for another day to read out as
    11        a Civil Evidence Act Notice?  Is it clear what I have done
    12        there?
    13
    14   MR. JUSTICE BELL:  I think it is.  You go from in each instance
    15        the down pointing arrows to the up pointing arrows.
    16
    17   MR. MORRIS:  That is right.
    18
    19   MR. JUSTICE BELL:  I would not read it today, but we will hear
    20         -- that is your sole point on that, is it?
    21
    22   MR. MORRIS:  We had also -----
    23
    24   MR. JUSTICE BELL:  I know you have interrogatories, but so far
    25        as the Civil Evidence Act and Mr. Stein is concerned?
    26
    27   MR. MORRIS:  Yes, so far as the Civil Evidence Act Notice is
    28        concerned, that is it.  There was also a letter which we
    29        sent to the Plaintiffs on 15th December 1995, which asked
    30        the Plaintiffs to admit the factual -- well, we are coming
    31        on to that; maybe we should deal with that now, the
    32        interrogatories on this subject as well, but I do not know
    33        if the Plaintiffs have a copy of that letter.  But I will
    34        just read it out, it is a very brief letter.  It was a
    35        notice to admit facts, served 15th December 1995:
    36
    37        "1.  Please admit that the factual matters pleaded in our
    38        re-amended pleadings relating to 'child labour law
    39        violations and hygiene violations' are correct;
    40        2.  Please also admit that up to May 28th 1990 in the USA
    41        approximately seven to 10 per cent of all franchisees
    42        investigated were cited for child labour violations".  That
    43        second one obviously relates to the testimony of Stan Stein
    44        to congress.
    45        3.  Please also admit that on June 4th 1990 McDonald's in
    46        Milwaukee was cited for 45 violations for children working
    47        beyond curfew above eight hours per day, above 40 hours per
    48        week, working during school hours and without a permit".
    49        That also relates to the testimony of Stan Stein to
    50        Congress.  So, we have not had, I do not think, a reply to 
    51        that. 
    52 
    53   MR. JUSTICE BELL:  You may not get one if it is a notice to
    54        admit facts, because a notice to admit facts does not
    55        force, as I understand it -- we can look again at the White
    56        Book -- the person upon whom the notice is served to give
    57        an answer.  If an answer is given and that avoids the need
    58        to call evidence, well and good, but if the other party
    59        neglects or refuses, I think the words are in the Rule, to
    60        answer the notice to admit facts and you are put to proving

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