Day 246 - 09 May 96 - Page 63


     
     1   Q.   But would they be...  If the nearby restaurant was operated
     2        by the Company then the satellite would be operated by the
     3        Company, and if the nearby traditional restaurant was
     4        operated by a franchisee would the satellite be operated by
     5        the franchisee or does that not follow?
     6        A.  Historically, when there was a choice to be made
     7        between it being operated by the Company or a franchisee,
     8        and it could have gone either way, we gave it to the
     9        franchisee.  It always erred on that side, always went to
    10        the licensee.  There may, in fact, have been a
    11        company-owned restaurant nearby although I have to say the
    12        circumstances do not present themselves too often, 85 per
    13        cent of restaurants in the States being franchised, it is
    14        pretty much a non-event, they tend to go to the licensee
    15        who is closest and most qualified.
    16
    17   MR. MORRIS:  I mean...
    18
    19   MR. JUSTICE BELL:  Yes?
    20
    21   MR. MORRIS:  When we would like to finish?  As you can see, the
    22        way it is progressing we are trying to go through the
    23        issues and deal with material that has either come up since
    24        it came up as an issue in the case or has not been put to a
    25        McDonald's witness before, or because Mr. Preston is a
    26        particularly apposite person to deal with it, and we are
    27        certainly going to go through at least the bulk of
    28        tomorrow.  It is not clear whether we will go over to
    29        Monday or not, but it certainly would be prudent to leave
    30        Monday, if you like, booked on the schedule.
    31
    32   MR. JUSTICE BELL:  What can you do this afternoon then?  Why
    33        I ask now was that if you were absolutely confident of
    34        finishing tomorrow I would rise early because it would not
    35        make any difference to the schedule at the end of the day.
    36        But if another half hour this afternoon might make the
    37        difference between Mr. Preston's evidence going into Monday
    38        or not I think we ought to sit on a bit.
    39
    40   MR. MORRIS:  It might be better to carry on than just to -----
    41
    42   MR. JUSTICE BELL:  Yes.  Do you want me to rise until ten to
    43        four and we will go on for ----
    44
    45   MR. MORRIS:  Yes, it might be helpful.
    46
    47   MR. JUSTICE BELL:  We will rise until ten to four and I would
    48        like you to keep going until quarter past or 20 past.  If
    49        you get stuck, tell me, because I do not want to sit here
    50        while you are stuck. 
    51 
    52   MR. MORRIS:  Right. 
    53
    54                         (Short adjournment)
    55
    56   MR. MORRIS:  Just a couple of loose packaging questions.
    57        I cannot find in which of the supplemental bundles this is,
    58        but you recognise this leaflet:  "Environment Phasing, the
    59        Challenge"?
    60        A.  I am sorry?

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