Day 157 - 18 Jul 95 - Page 45


     
     1   MS. STEEL:  It did not actually come before a court.  It was all
     2        decided in paper before -- there was no hearing.
     3
     4   MR. JUSTICE BELL:  No, I am not -----
     5
     6   MR. RAMPTON:  My Lord, I am not taking any point on that at the
     7        moment.
     8
     9   MR. JUSTICE BELL:  No.  I just thought I ought to mention it as
    10        it is there in the report.
    11
    12   MR. RAMPTON:  My Lord, that is the actual application made by
    13        the Defendants which, by the practice and procedure of the
    14        Commission, was actually served on McDonald's by the
    15        solicitors acting for the Defendants at that time, Richard
    16        Butler.
    17
    18   MS. STEEL:  No, sorry.
    19
    20   MR. RAMPTON:  Was not?
    21
    22   MS. STEEL:  No.
    23
    24   MR. MORRIS:  We were unrepresented.
    25
    26   MR. RAMPTON:  It was served on us.
    27
    28   MS. STEEL:  It certainly was not by Richard Butler anyway.
    29
    30   MR. RAMPTON:  Never mind.  My Lord, on page 8 at the top one
    31        sees (b) this:  This is the Defendants' own application at
    32        the time in 19, or whenever it was, but before ever this
    33        case come on for trial.  Say the Defendants in their
    34        application at (b):  "The facts in dispute are complex and
    35        cover a number of different issues.  Proof of some facts
    36        will require evidence from abroad".  Then, my Lord -----
    37
    38   MR. MORRIS:  Where are you reading from?
    39
    40   MR. JUSTICE BELL:  Page 8.
    41
    42   MR. RAMPTON:  This is the application.
    43
    44   MR. MORRIS:  We do not have any page numbers.
    45
    46   MR. JUSTICE BELL:  No, your own application.
    47
    48   MR. RAMPTON:  You can borrow that.  I am surprised you do not
    49        have a copy.
    50 
    51   MR. MORRIS:  I do not walk around with it generally. 
    52 
    53   MR. RAMPTON:  You can borrow it but you must give it back.  Page
    54        8(b).  I am not going to read it again.  Then, my Lord,
    55        page 11 paragraph 10, and again this is the Defendants'
    56        application:
    57
    58             "In establishing a breach of article 6.1 the
    59             applicants particularly rely upon the following:
    60

Prev Next Index