Day 076 - 18 Jan 95 - Page 04

     
     1        single meeting because, obviously, there were other issues
     2        as well.
     3
     4   Q.   Did it come up regularly at the Royal Hospital Wards
     5        Residents Association meetings that you have been
     6        attending?
     7        A.  Yes.  Litter was only one issue, of course, because
     8        Royal Hospital Ward and, particularly, Royal Avenue --
     9        I should explain that Gordon Taylor is not only Chairman of
    10        the Royal Hospital Wards, the overall body, but he is also
    11        Chairman of Royal Avenue.  So, sometimes he is Gordon
    12        Taylor, Royal Avenue, with a Royal Avenue issue, and that
    13        is to a great extent what he was dealing with McDonald's
    14        on, and sometimes he is Chairman of the overall body.  The
    15        issues that Royal Avenue dealt with were smell -----
    16
    17   MR. RAMPTON:  My Lord, I do not really think we can have this.
    18
    19   MR. JUSTICE BELL:  No.  Let me just explain to Mr. McIntyre.
    20        This case is going to take a very long time; if we
         discussed every topic which might relate to McDonald's, it
    22        would take even longer.  So, we have to do our best to
    23        confine ourselves to topics which may be raised in the
    24        leaflet which McDonald's say was defamatory.
    25        A.  I understand.
    26
    27   Q.   I know there are other topics of, I merely say, discussion
    28        but the one we are concerned with, so far as McDonald's at
    29        the corner of Royal Avenue and the Kings Road is concerned,
    30        is environment/index.html">litter, not other matters.  So, although it may seem a
    31        somewhat artificial constraint to you, that is what we have
    32        to deal with.
    33
    34   MR. RAMPTON:  My Lord, I would add this too -- though I am
    35        afraid it is not going to affect your Lordship but to save
    36        time and to avoid getting material on Mr. Morris'
    37        transcripts which, frankly, ought not to have been there --
    38        again I would urge Mr. Morris and Ms. Steel to confine
    39        themselves in asking questions -----
    40
    MR. JUSTICE BELL:  In fairness to Mr. Morris, twice already when
    42        Mr. McIntyre has gone on to something else he has steered
    43        him back to environment/index.html">litter alone.
    44
    45   MR. RAMPTON:  No, my Lord, that was one part of my intervention,
    46        the other part was, of course, really Mr. McIntyre should
    47        confine himself to matters which are within his own direct
    48        knowledge and not what Dr. Taylor might have said about
    49        conditions in Royal Avenue.
    50 
    51   MR. JUSTICE BELL:  No.  It is fair enough to say, as you have 
    52        been asked so far, whether environment/index.html">litter cropped up at meetings 
    53        which you were present at.  We have rules of evidence which
    54        mean that what someone else said to a witness is not
    55        evidence of the truth of what they said.  It is evidence of
    56        the fact that they said it, wherever that may take one.
    57        One has to be careful about that.
    58
    59        So, in the first instance stick only to what you
    60        experienced yourself.  If Mr. Morris or Ms. Steel wants to