Day 120 - 03 May 95 - Page 39

     
     1        witness.  None of the McDonald's companies, either the
     2        First Plaintiff or the Second Plaintiff, or the McDonald's
     3        Development Corporation was a party to this.
     4
     5   MS. STEEL:  McDonald's Ireland, Pantry Franchise, known as
     6        McDonald's in Ireland.
     7
     8   MR. JUSTICE BELL:  I am sorry, I have told you I am not going to
     9        say it again.  Pantry Franchise Ireland Limited is not in
    10        fact McDonald's.  It obviously ran a restaurant, taking
    11        advantage of the McDonald's brands name and the McDonald's
    12        system but they are not the same thing.
    13
    14   MS. STEEL:  Mr. Nicholson said that it ran all the Irish stores,
    15        and it was not allowed to run any other kinds of stores.
    16
    17   MR. JUSTICE BELL:  He said it serviced them.  He said the
    18        McDonald's companies serviced the franchisee, which is a
    19        separate company which is running the restaurant.  You may
    20        have a good point at the end of the day when you have more
         evidence about it, but I do not think Mr. Nicholson can
    22        help on it.
    23
    24   MS. STEEL:  Do Pantry Franchise run all the McDonald's stores in
    25        Ireland?
    26        A.  No.
    27
    28   Q.   Did they in 1985?
    29        A.  I am trying to think.  They ran all the restaurants in
    30        Dublin.  I am not quite sure when the first one opened in
    31        Cork.  That is a different company.
    32
    33   Q.   How many were there in Dublin?  I believe there were four?
    34        A.  No.
    35
    36   Q.   There are now.
    37        A.  Eight, I think, at that time.
    38
    39   MR. MORRIS:  It is probably time to finish but I do not think it
    40        is -----
    41
    42   MR. JUSTICE BELL:  Correct me if I am wrong, I thought you had a
    43        Civil Evidence Act statement from Mr. McCann, who is
    44        outside the jurisdiction, which sets out his whole account
    45        of what happened.
    46
    47   MR. MORRIS:  Yes, it was on Mr. McCann and Mr. O'Brien.
    48
    49   MR. JUSTICE BELL:   I think it is Mr. McCann, because there is
    50        another Mr. Mc-someone you have got. 
    51 
    52   MR. MORRIS:  Yes, I think the Plaintiffs have a problem on the 
    53        the status of their franchisees, which is up to them to
    54        sort out.  Because throughout this case when they say
    55        McDonald's, McDonald's does this, McDonald's is this,
    56        McDonald's have these policies, produce these products,
    57        they are talking about all of their restaurants in the
    58        system throughout the world.  When they talk about the
    59        number of McDonald's restaurants, that is what they are
    60        referring to, that is what the case is about.  If they want