Day 123 - 09 May 95 - Page 14

     
     1   MR. JUSTICE BELL:  At the moment I cannot see how it helps me on
     2        any matter in issue.  I am quite capable of, at the end of
     3        the day, making up my own mind in relation to things I have
     4        already tried to put to you.
     5
     6   MR. MORRIS:  The reality is McDonald's Corporation could not sue
     7        anybody in the United States for the text of this fact
     8        sheet.  They are joining this action in the UK because they
     9        want to use this court as a platform all over the world.
    10        I would be pursuing that with Mr. Beavers, to put him on
    11        the spot about it, basically.
    12
    13   MR. JUSTICE BELL:  I do not think you are actually advancing
    14        your case on this.  The first statement of what you said,
    15        that they could not sue for this in the United States must
    16        be a matter of law.  Whether it is some federal law or it
    17        is the law which prevails in some or all of the states, if
    18        it is a matter you want to rely on and if you can show me
    19        it is relevant, you can deal with this as a matter of law
    20        in due course.  In fact, it might well be you would have to
         have expert evidence on what the law was, if you wanted to
    22        pursue it.
    23
    24        If you establish that the First Plaintiff could not sue in
    25        the United States for allegations such as those made in the
    26        leaflet.  Supposing, for the moment, that they are not
    27        justified.  Then you can ask me to say, obviously the First
    28        Plaintiff has been joined over here because they can sue
    29        over here.  You do not need to put that to Mr. Beavers.
    30        Where we go from there, if you have been successful in
    31        establishing that they could not sue in the States, if I
    32        have drawn the conclusion you want from it, then we will
    33        have to have to see.
    34
    35        There might be argued one way or the other about it.  But
    36        I cannot at the moment see that these are questions which
    37        you can properly ask Mr. Beavers.  He has not put himself
    38        forward, apart from anything else, as an expert in the law
    39        of any particular state of the United States or on federal
    40        law, if there is any federal law which applies to it.
    41
    42   MR. MORRIS:  It is just that Mr. Beavers is here to represent
    43        the Corporation and why they brought the case.
    44
    45   MR. JUSTICE BELL:  I appreciate that, and that is why I
    46        have tried to be fairly understanding and not too
    47        restrictive in some of the general questions you have
    48        asked, apart from the ones which are directed at
    49        employment, pay, turnover, specific things of that kind.
    50 
    51        First of all, at the moment it seems to me that Mr. Rampton 
    52        is right in his objection but, secondly, I cannot see that 
    53        it is going to get you anywhere at the end of the day so
    54        far as question and answer of Mr. Beavers is concerned.
    55
    56        You put to him, in effect, that you have joined the action
    57        in this case because you cannot do anything in America.
    58
    59   MR. MORRIS (To the witness):  I put it to you that you joined
    60        this action in this country because you cannot sue for