Day 050 - 10 Nov 94 - Page 02
1 IN THE HIGH COURT OF JUSTICE No. 1990-M-NO.S724
2 QUEEN'S BENCH DIVISION
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4 Royal Courts of Justice
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6 Thursday 10th November 1994
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10 Before:
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12 MR. JUSTICE BELL
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19 MCDONALD'S CORPORATION
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21 MCDONALD'S RESTAURANTS LIMITED
22 Plaintiffs
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24 - and -
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26 HELEN MARIE STEEL
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28 DAVID MORRIS
29 Defendants
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38 MR. RICHARD RAMPTON Q.C. and MR. T. ATKINSON (instructed
39 by Barlow Lyde & Gilbert) appeared on behalf of the
40 Plaintiffs
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42 The Defendants appeared in person.
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48 Transcribed from the stenotype notes of Barnett Lenton &
49 Company 61 Carey Street, London WC2A 2JG
50 Telephone 071-405-2345
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54 PROCEEDINGS DAY 50
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56
57 __________
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60
1
DAY 50
1 Thursday, 10th November, 1994.
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3 MR. RAMPTON: My Lord, Mr. Miles is here.
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5 MR. JUSTICE BELL: I gather there was something else you wanted
6 to mention. I gather Miss Dibb had an unfortunate
7 experience; is that right?
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9 MR. MORRIS: Yes, and she would like to be released for the
10 present.
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12 MR. JUSTICE BELL: Have you told Mr. Rampton about it?
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14 MR. MORRIS: No.
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16 MR. RAMPTON: I do not whether it is something that would be
17 better not mentioned in open court but, plainly, we should
18 like to be told what the position is, if your Lordship
19 thinks it right that we should. I know nothing about it.
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21 MR. JUSTICE BELL: What I will do is, I will just go outside for
22 a minute or two, and you can tell Mr. Rampton about it. If
23 the information which Mr. Styles has passed to me is
24 correct, it is an unfortunate matter. I think we should
25 start Miss Dibb tomorrow morning, rather than today. You
26 mention it to Mr. Rampton and -----
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28 MS. STEEL: We can say what it is in court.
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30 MR. JUSTICE BELL: Say it then.
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32 MS. STEEL: She was mugged last night. She had stayed late at
33 The Food Alliance, going through all the documents that
34 were given, and her notes were in the bag that was stolen.
35 So, I mean, she was extremely shaken up by it, and we said
36 we would not call her this week.
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38 MR. JUSTICE BELL: This week?
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40 MS. STEEL: We felt, you know, she is shaken up by it, and it is
41 only fair, really. She has enough problems on her hands
42 without having to worry about preparing everything for the
43 case again.
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45 MR. RAMPTON: My Lord, I am entirely in sympathy with this. Of
46 course, if she were injured, that would be one thing. It
47 is a distressing experience, and it does shake one up, as
48 Ms. Steel puts it; there is no doubt about that. Of equal
49 concern, of course, is the fact her notes were stolen, so
50 she has to start again, unless they are found.
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52 MR. JUSTICE BELL: Let us think what the position is. It seems
53 to me there is no question of starting her evidence
54 today ---
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56 MR. RAMPTON: I quite agree.
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58 MR. JUSTICE BELL: -- in the light of what we have been told.
59 The earliest moment she could be called into the witness
60 box is tomorrow morning. If that happened, I think we have
