Day 165 - 27 Sep 95 - Page 42


     
     1        Plaintiffs see if they can get their Canadian witnesses
     2        here for Monday 6th.
     3
     4   MR. RAMPTON:  Yes, we know we can.  We confirmed that in North
     5        America last week.
     6
     7   MR. JUSTICE BELL:  Then you have to think about where you want
     8        to put Miss Ingliss in.
     9
    10   MR. RAMPTON:  Yes.  I have allowed three days for the Canadian
    11        witnesses.
    12
    13   MR. JUSTICE BELL:  What I suggest is you start off by seeing if
    14        Miss Ingliss could be here during that week.  Again I do
    15        not know whether time is on her side and she would want and
    16        you would want her to be present in court during the
    17        Plaintiffs' Canadian witnesses, if she can come over for a
    18        week rather than a couple of days.
    19
    20   MR. MORRIS:  Then we are hoping that we have Lamti and Chantal
    21        Gallez on 13th, 14th and 15th of November and pending them
    22        getting released from their employment at McDonald's.
    23
    24   MR. RAMPTON:  It is not McDonald's.  Mr. Morris must not make
    25        that mistake.
    26
    27   MR. JUSTICE BELL:  Do not make any assumptions as to that.  We
    28        will have to wait and see.
    29
    30   MR. RAMPTON:  That is the mistake he should not make.
    31
    32   MR. MORRIS:  They are employed by McDonald's stores, whether
    33        they are franchised or whoever they are run by.
    34
    35   MR. JUSTICE BELL:  Let us not embark on that.
    36
    37   MR. RAMPTON:  No, my Lord, it is important.  Mr. Morris should
    38        understand that when it comes to matters such as release
    39        from employment, it is very likely that the French
    40        subsidiary, still less the Plaintiffs in this case, has no
    41        power to require their release.  It is matter for the
    42        franchisee, as a matter of law -- at any rate, English law,
    43        I do not know about the French law.
    44
    45   MR. MORRIS:  I am sure McDonald's Corporation does have
    46        influence over those -----
    47
    48   MR. JUSTICE BELL:  I am not going to engage in that for the
    49        moment I am going to wait and see what happens.  Accepting
    50        for the moment your estimate of time in-chief, and adding 
    51        something on for cross-examination, if you were able to 
    52        call all your employment witnesses before we moved on, as a 
    53        very rough estimate, it seems to me that they would take
    54        approximately up to Friday 24th November.
    55
    56   MR. MORRIS:  That is allowing for cross-examination or not
    57        allowing?
    58
    59   MR. JUSTICE BELL:  That is allowing for cross-examination.  It
    60        is accepting for the time being your estimates of time

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