Day 120 - 03 May 95 - Page 47
1 afraid of.
2
3 MR. JUSTICE BELL: I am not assuming that Mr. Morris or Ms.
4 Steel will go on a wild goose chase, but if they appeared
5 to me to be embarking on such action, I would be able to
6 say, no, let us look at the franchise agreement because
7 that is what really rules the situation.
8
9 MR. RAMPTON: My Lord, yes. I will not take any time. Can
10 I just say one more thing. I do not know whether I said it
11 earlier, but there is no doubt that Mr. Stein's statement
12 does really pay attention on this question, because it is
13 perfectly clear, if he is telling the truth of course --
14 and he may not be, he may be telling a pack of lies, but if
15 he is telling the truth about the matter, it is quite clear
16 that when something goes seriously wrong, whatever the
17 strict legalities of the thing, the Corporation does step
18 in and sort things out. There is no question about that.
19 Whether it is a joint venture or whether it is a franchise.
20
21 MR. JUSTICE BELL: I would like to know, and it seems to me that
22 for the time being it could be done in this way, if there
23 is a model franchise agreement, which is the starting line,
24 franchise arrangements between the First Plaintiff and
25 franchisees around the world I would like to see if, and if
26 there is a copy available in the power, custody or
27 possession of either the First or Second Plaintiff in
28 relation to Mr. Makin's company's franchise, I would like
29 to see that as well.
30
31 MR. RAMPTON: I hear that your Lordship says.
32
33 MR. JUSTICE BELL: Five minutes reading would tell me much more
34 than hours of evidence as to the degree of control an
35 actual McDonald's company has over its franchisee.
36
37 MR. RAMPTON: I do not have Mrs. Brindley-Codd here.
38 Mr. Nicholson is in the witness box. I cannot say yes, but
39 I will take note of that, and I will do my best.
40
41 MR. JUSTICE BELL: Yes thank you.
42
43 MR. MORRIS: If I make a very brief comment, which is that we do
44 not want to go on a wild goose chase, we do not want to
45 know what the franchise or contract of agreements are
46 between the Plaintiffs and the Hong Kong McDonald's when
47 they were changing their packaging.
48
49 MR. JUSTICE BELL: You have heard what I have said to
50 Mr. Rampton. Let us see what, if anything, comes of it.
51
52 MR. MORRIS: As far as we are concerned, it is all McDonald's.
53
54 MR. JUSTICE BELL: I am trying to protect you against yourself
55 in that respect, because I do not want you to get to the
56 end of the case, say that, and hear me as a lawyer
57 say: "Well, I cannot accept that". Do you see? Let us see
58 what comes of this first of all.
59
60 MR. MORRIS: Mr. Nicholson, as far as I was concerned, this is
