Day 164 - 26 Sep 95 - Page 18


     
     1        What we are not prepared to do in that particular case is
     2        to copy a huge number of pages and send it to the
     3        Defendants.  They have had the opportunity to come and look
     4        it during the last two months.  They have not taken that
     5        opportunity.  It is up to them.
     6
     7   MS. STEEL:  We have offered a third course which is that, given
     8        that this is something available in all the Plaintiffs'
     9        stores, they must have several copies of it and must
    10        continually produce new copies in order to provide them to
    11        new stores that are opening, if they will loan it to us so
    12        that we can look at it in our own time at home -----
    13
    14   MR. JUSTICE BELL:  I think the objection is that there are parts
    15        of it which are about security which they say are not
    16        relevant to this case and which they do not want anyone
    17        else outside McDonald's to see at all.
    18
    19   MS. STEEL:  We are understand that.
    20
    21   MR. MORRIS:  We are happy for that.
    22
    23   MR. RAMPTON:  We do not trust you.
    24
    25   MR. JUSTICE BELL:  Therefore, their standing on the strictly
    26        technical position which is that you can go to their
    27        solicitors' offices and, presumably, while someone sits
    28        with you, look through and say:  "Well, we think this is
    29        relevant and we would like a photocopy of that".  Where you
    30        go from there, I do not know, because McDonald's solicitor
    31        who is attending on their behalf may accept it is
    32        potentially relevant or not, but we have not even got to
    33        that stage.  Since it is a book, I will describe it as,
    34        part of which they do not want you to see and which is,
    35        they say, not relevant to these proceedings, you must go to
    36        their premises to look at it.
    37
    38   MS. STEEL:  It is my understanding, and I believe from evidence
    39        given in court, that this is not a fully bound book; it is
    40        a loose-leaf thing where pages can be inserted and taken
    41        out.  Therefore, it ought to be possible for the Plaintiffs
    42        to take out the section they do not want us to see and then
    43        loan us the rest of the copy.
    44
    45   MR. RAMPTON:  It is bound.  It is not loose-leaf.  I have looked
    46        at it many times myself.  It is a great fat thing like a
    47        telephone directory.  It is about 700 pages.
    48
    49   MR. MORRIS:  That is not what the evidence given in evidence
    50        court by executives of McDonald's, that it was deliberately 
    51        designed so that updates can be inserted.  That is what was 
    52        said. 
    53
    54   MR. JUSTICE BELL:  What power do you suggest I have to -- the
    55        first entitlement you have is inspection and that is, as
    56        I understand it, inspection at the premises of the party
    57        who holds the documents or, as often happens and is
    58        suggested in this case, their solicitors.
    59
    60   MR. MORRIS:  They can bring it to court and we can do the

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