Day 123 - 09 May 95 - Page 16

     
     1        motivation -----
     2
     3   MR. RAMPTON:  Ms. Steel has to be careful.  The communication
     4        between the General Council of the company and one of its
     5        officer is a privileged communication in relation to
     6        litigation.
     7
     8   MR. JUSTICE BELL:  You cannot ask it.  It is not just this case,
     9        you cannot ask any litigant or witness giving evidence on
    10        behalf of any litigant what kind of legal advice they have
    11        been given in relation to ----
    12
    13   MS. STEEL:  I do not know I was going to ask that question.
    14
    15   MR. JUSTICE BELL:  Mr. Rampton started what he was saying, you
    16        have to be careful, and you have in fact.  You cannot ask
    17        any question which ends up amounting to that.
    18
    19   MS. STEEL:  I am not really sure what that covers.  I will ask
    20        the question and if you think it is beyond the bounds, then
         you say so.
    22
    23   MR. JUSTICE BELL:  Yes, very well.
    24
    25   MS. STEEL:   Did you not ask them about their motivation for the
    26        bringing of the case?
    27        A.  Did I ask them?
    28
    29   Q.   Yes.
    30        A.  Well, I wanted to be informed.  I wanted to know what
    31        the specifics were, and when I had a chance to see the
    32        literature it became very obvious why we brought the case.
    33
    34   MR. JUSTICE BELL:  By "the literature" you mean the leaflet?
    35        A.  Leaflet, that is correct.
    36
    37   MS. STEEL:  OK.  Rather than why, the reason why the American
    38        Corporation got involved instead of just leaving it to the
    39        UK company?
    40        A.  Well, you know, I have stated earlier that we found
         this leaflet to be highly inflammatory and it tarnished our
    42        good name, and so we decided to vigorously challenge it.
    43
    44   Q.   Do you basically not really know much about why the
    45        American Corporation got involved and the procedures that
    46        took place before the case came to trial?
    47        A.  Well, again, we just found this to be highly
    48        distasteful, incorrect, and felt that we should challenge
    49        it.  That was the reason why we brought the action.
    50 
    51   Q.   That did not really answer the question. 
    52 
    53   MR. JUSTICE BELL:  I think what it was directed at was the
    54        procedures, what executive procedures or management
    55        procedures were gone through before the decision was made
    56        for the First Plaintiff to join in this action, that is
    57        McDonald's Corporation.  Do you know about that?
    58        A.  No, I indicated earlier I was not privy to the
    59        discussions.
    60