Day 045 - 03 Nov 94 - Page 08
1 will say, no, it is not. That is common.
2
3 MR. MORRIS: I think this applies to -- I think this has come up
4 before. I am not saying we are going to carry on with
5 this. I understand what you are saying now.
6
7 MR. JUSTICE BELL: Let us stop the discussion there. You carry
8 on, but I invite you to bear that in mind.
9
10 MR. MORRIS: Could I say one further thing? It is an approach
11 that applies to each subject, that it is not necessarily
12 that McDonald's is being compared unfavourably with other
13 similar companies. There is a fundamental criticism of
14 these kinds of practices that goes, for example, to pay and
15 conditions or other -- so that is part of our case and has
16 been part of our case from the start. So I think there is
17 an element of, if you like, fundamental criticism of these
18 kinds of organisations.
19
20 MR. RAMPTON: My Lord, I have the gravest objection to
21 Mr. Morris using this courtroom -- I have said it before
22 and I will say it again -- as a platform for the expression
23 of his political views. This is not a group action by a
24 collection of large companies throughout the world. This
25 is an action by McDonald's. Anything the Defendants wish
26 to say in this court must be directed at McDonald's or
27 themselves.
28
29 MS. STEEL: The point is that-----
30
31 MR. JUSTICE BELL: Just pause there, because the whole of the
32 discussion at this stage is on what you can not just
33 rightly, but usefully ask a particular witness who is in
34 the witness box. When we come to final speeches, I do not
35 suppose you will just be making a statement of any
36 political view which you may or may not hold. No doubt you
37 will direct what you have to say as what you see the issues
38 are about. That, I am afraid, is some considerable time
39 into the future.
40
41 All I am concerning myself with at moment is what you can
42 usefully ask a particular witness in the witness box. You
43 have to accept the fact that Mr. Green is a marketing man.
44 Unless you are going to say he is a charlatan, that means
45 that his conscience can live with marketing and the kind of
46 marketing we have seen. Whether that is right or wrong, it
47 is not productive to cross-examine in order to test that.
48 This may or may not be a matter for comment in the future.
49 Bear in mind what I said, and try to keep on particular
50 issues in cross-examination.
51
52 MR. MORRIS: Just a final point on what Mr. Rampton said. I am
53 not using the court as a political platform. The point is
54 that the leaflet's terminology, the points made in the
55 leaflet often are critical of McDonald's as part of some
56 kind of generalised -- as an example. We had this problem
57 with low pay, where the Plaintiffs are trying to tell us
58 what our case is, or also about exploitation of black
59 people and women. Part of our case is, it is from what
60 objective you are looking at McDonald's practices; is it
