Day 283 - 21 Oct 96 - Page 05


     
     1        images that get them to pester their parents to drag them
     2        into the stores.  And in this case we are going to say
     3        their reputation is further, their real reputation,
     4        revealed not only by the truth about their business
     5        practice but also by a range of untruths and deception,
     6        deceptive statements and even lies put out by their
     7        representatives.
     8
     9        Now, before this case started Mr. Rampton estimated, on
    10        December 21st 1993, that it was pessimistically due to last
    11        three to four weeks.
    12
    13   MR JUSTICE BELL:  That is not quite right, actually.  The
    14        original time estimate was five weeks and after service of
    15        some more witness statements on behalf of McDonald's it was
    16        readjusted to 12.
    17
    18   MR. MORRIS:   Yes, I can get the transcript reference, but it
    19        was on 21st December, I think, three to four weeks
    20        pessimistically without a jury, with a jury six to seven
    21        weeks.  It is not important.
    22
    23   MR. JUSTICE BELL:  Yes, you may be right.
    24
    25   MR. MORRIS:   And this is important, because we believe that
    26        McDonald's brought this case convinced, first of all, that
    27        it would not get to court, but when they saw that it would
    28        get to court they would wipe the floor with us, because of
    29        our lack of experience and lack of legal aid.  And
    30        Mr. Rampton said on the first day in his opening speech
    31        that -- which of course I cannot find -- what these
    32        plaintiffs seek is in effect a declaration by a judge at
    33        the High Court in England that the allegations complained
    34        of are false, why they are false and they are not be
    35        repeated.
    36
    37   MR JUSTICE BELL:  If you actually read from a transcript, I say
    38        it now to take the opportunity, I have got the date,
    39        although you did not give it, I remember that is 28th June
    40        1994 -- it will remain in my memory till the day I die --
    41        and what I would like you to do is give me the date and
    42        then the page.  Then I can, if I think it worth looking at
    43        for myself, find it quickly.
    44
    45   MR. MORRIS:   Right.  It is page 27, line 28.  Can I just say
    46        that all my references that I have are with the day numbers
    47        first rather than the date.  I can try to match them with
    48        the dates.
    49
    50   MR. JUSTICE BELL:  No, give one or the other, so far as I am 
    51        concerned. 
    52 
    53   MR. MORRIS:   That will help.  Thank you.  And to us it was
    54        clear that McDonald's were hoping for what could only be
    55        called a show trial where - well, a show trial.  The
    56        McDonald's corporation brought this case, they are the lead
    57        plaintiff.  They could not, we believe, bring such a case
    58        in the USA, and we have had to ask ourselves why the
    59        corporation should be seeking a declaration from the UK
    60        High Court which it can use worldwide to sanction their

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