Day 060 - 02 Dec 94 - Page 08

     
     1        tax as yet because this case is the subject of an appeal.
     2        Other communities in Germany have not imposed any taxes on
     3        McDonald's either because the case is the subject of an
     4        appeal.  They are worried that if the appeal goes in
     5        McDonald's favour, then all the money would need to be
     6        repaid.  That is my understanding of it.
     7
     8   Q.   I am asking you a general question which could apply as
     9        much to this country or, indeed, this borough.  Do you not
    10        feel this is a positive step forward, that McDonald's gives
    11        something back to the community that it takes from?
    12        A.  I cannot answer you correctly because I am not involved
    13        directly with the operations of our restaurants.  I do
    14        understand that McDonald's does pay private contractors,
    15        private hauliers, in Germany and other countries (including
    16        this country) to collect garbage from the restaurants.
    17
    18   Q.   What, all garbage?
    19        A.  Yes.
    20
    Q.   Local councils do not participate?
    22        A.  Usually, from my understanding, the garbage goes into
    23        private skips which are collected and taken away by private
    24        hauliers.
    25
    26   Q.   And dumped in?
    27        A.  In landfill in this country.
    28
    29   Q.   Can I just go to another document?  I am not quite sure of
    30        the status of this.  It is the Financial Times witness
    31        statement.  I do not know if it is more suitable for a
    32        Civil Evidence Act Notice because, if you remember, the
    33        article in the Financial Times which the writer of it
    34        verified for the court proceedings.  We did not Civil
    35        Evidence Act notice this because we assumed they applied to
    36        those abroad, but in the normal run of things would we have
    37        to call a witness just to verify an article?
    38
    39   MR. JUSTICE BELL:  That witness is resident in the United
    40        Kingdom?
    41
    42   MR. MORRIS:  Yes, Clay Harris.
    43
    44   MR. JUSTICE BELL:  He or she?
    45
    46   MR. MORRIS:  He is the Editor of the Financial Times.
    47
    48   MR. JUSTICE BELL:  You can certainly, as it were, put a Civil
    49        Evidence Act Notice on that, subject to any objection from
    50        Mr. Rampton which I will hear.  If there is then a counter 
    51        notice, unless you meet one of the qualifications like 
    52        resident abroad, you are going to have to call the witness 
    53        or abandon it.
    54
    55   MR. MORRIS:  Can we just consider that, to have a notice on it?
    56
    57   MR. RAMPTON:  My Lord, I hereby give counter notice.
    58
    59   MR. JUSTICE BELL:  Yes, there we are.  That is the position at
    60        the moment.  Where do I find it?