Day 188 - 15 Nov 95 - Page 77


     
     1
     2   MS. STEEL:   I do recall that Mr. Morris did raise this in court
     3        and McDonald's said -- can I just finish?  The whole
     4        purpose -- she was just concerned about if she would be in
     5        breach of whatever agreement she made not to repeat these
     6        things if she came to court and repeated them here; and
     7        McDonald's did give an undertaking that she basically would
     8        not be in breach of that previous agreement that she made
     9        by making the statements in court.
    10
    11   MR. RAMPTON:  Ms. Steel is quite wrong.  I do not give
    12        undertakings to obey the law of this country.  I could not
    13        possibly sue, nor could anybody.
    14
    15   MS. STEEL:   Well, they confirmed that they would not take any
    16        action whatever.  It all comes to the same thing.
    17
    18   MR. JUSTICE BELL:  It does not actually, because "undertaking"
    19        is a term of art.
    20
    21   MR. RAMPTON:  Exactly.
    22
    23   MR. JUSTICE BELL:  What I propose to do is cross out that last
    24        sentence.  She can remain reassured that she is protected
    25        so far as anything she says in the witness box is
    26        concerned.
    27
    28   MR. RAMPTON:  Or, indeed, in the witness statement.
    29
    30   MR. JUSTICE BELL:  Or in her witness statement.  But there is no
    31        question of an undertaking from McDonald's; it is just not
    32        necessary.  So I will cross it out.  It does not make any
    33        difference.
    34
    35   MS. STEEL:   It does not make any difference, but McDonald's did
    36        say that they confirmed that they would not take any
    37        action, or something like that.  We can look it up if there
    38        is a big dispute.
    39
    40   MR. RAMPTON:  No.  You cannot look it up, because that part of
    41        the argument was not transcribed.  I have just looked.
    42
    43   MR. JUSTICE BELL:  It does not matter.  It may be that Ms. Lamb
    44        has transformed into an undertaking, which is a term of art
    45        in these courts, by McDonald's just an acknowledgment of
    46        what her rights under the general law are.  In case what
    47        she said there might be misunderstood, we will take it
    48        out.
    49
    50   MR. RAMPTON:  I am grateful. 
    51 
    52   MR. JUSTICE BELL:  She can be reassured, if she needs to be,

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