Day 201 - 15 Dec 95 - Page 02

     
     1                                      Friday, 15th December, 1995
     2
     3   MR. JUSTICE BELL:  Yes?
     4
     5   MR. MORRIS:  Shall I just say what we would like to bring up
     6        today?
     7
     8   MR. JUSTICE BELL:  Yes.
     9
    10   MR. MORRIS:  We want to point out that we have served a notice
    11        to admit facts regarding the amended pleadings, reamended
    12        pleadings, on child labour laws and hygiene violations in
    13        the United States.  I did not detail all the clauses of the
    14        pleadings, because I presumed the Plaintiffs would know
    15        which we are referring to -- all the ones that were allowed
    16        in the reamended pleadings.
    17
    18        Also, in that notice to admit facts, we refer to the
    19        testimony of Stan Stein in front of the House of Congress
    20        in the States, which is a document which you have in front
         of you -- the notice to admit facts.  I think it is the top
    22        one.
    23
    24   MR. JUSTICE BELL:  Yes.  Then I have some interlocutories.
    25
    26   MR. MORRIS:  Yes.  The last one is a record of Mr. Stein's
    27        testimony in front of Congress, with a statement at the
    28        back of it from him.  It will probably be our intention to
    29        serve a Civil Evidence Act Notice on that record of
    30        testimony.  There are certain statements that Mr. Stein
    31        made in it, where he says in the statement that about seven
    32        to 10 per cent of all franchisees investigated are cited
    33        for child labour violations.  That is up to 28th May 1990.
    34        He says that on page 225.
    35
    36   MR. JUSTICE BELL:  Yes.  I do not have to look at this, do I?
    37        What are you asking me to do today?  You are just informing
    38        me, or -----
    39
    40   MR. MORRIS:  I am just informing you of that, yes.  The reason
         I said for 2 and 3, because they are not strictly in our
    42        pleadings, I thought I had better mention what basis there
    43        is for those two points.  The basis of that is Mr. Stein's
    44        testimony in front of the House of Congress, or the
    45        Congress subdivision.
    46
    47   MR. JUSTICE BELL:  What are you going to do?  Are you seeking
    48        leave to amend, to add that on the basis of the information
    49        in the statement of Mr. Stein?
    50 
    51   MR. MORRIS:  Yes.  I just want, really, the court's advice on 
    52        that.  I mean, if we need to plead, then they can be taken 
    53        as pleaded.
    54
    55   MR. JUSTICE BELL:  It may well be that you should in this
    56        instance, because we went through so carefully all the
    57        other detailed matters.
    58
    59   MR. MORRIS:  Yes.  The pleadings, the added additional
    60        pleadings, will be points 2 and 3 in the notice to admit