Day 296 - 07 Nov 96 - Page 05


     
     1        it might have a bearing on what we have called advertising,
     2        but I suppose it includes marketing as well.
     3
     4   MR. RAMPTON:   Yes, my Lord.  That comes from a passage in the
     5        children part of the leaflet, where they say McDonald's use
     6        gimmicks to hide the mediocre quality which can be at worst
     7        poisonous.
     8
     9   MS. STEEL:   It is just that obviously I have got to go on to
    10        advertising next week and it would make life easier -- I
    11        mean, Mr. Rampton is saying that he thinks it is pretty
    12        trivial -- it would make life easier if it was just dropped
    13        by the Plaintiffs and was not something that needed to be
    14        dealt with at all, if that is how they feel about it.
    15
    16   MR. JUSTICE BELL:  Yes.  I would treat it as still being in,
    17        because Mr. Rampton has not dropped it and I can see that
    18        the first line and a half about it does rather go with
    19        'K'.  It is all part of, one is pushing meals so that they
    20        eat low quality food, that is the beginning of 'I', and
    21        pushing food when it might poison them, which is 'K'.  I
    22        mean, I am not saying those are meanings I will find, but
    23        they are the ones which the Plaintiffs are batting for.
    24
    25   MS. STEEL:   Right.
    26
    27   MR. JUSTICE BELL:   But I would bear those in mind in relation
    28        to the advertising part of the case when you do come to
    29        deal with advertising and you come to say what you say the
    30        meaning is and when you come to argue in so far as the
    31        meaning you are batting for is different to the pleaded
    32        one, when you come to tell me why you say it does not mean
    33        what the Plaintiffs say it is, deal with the beginning of
    34        'I' and 'K'.
    35
    36   MS. STEEL:   Okay.  I mean, I am not particularly worried
    37        because I think we have proved it, but it is just that the
    38        more points there are, the more confusing it is.  It just
    39        clarifies things if we know where we stand.
    40
    41   MR. JUSTICE BELL:   So far as nutrition is concerned, you do not
    42        have to worry your head about any possible meaning except
    43        the one I have found it does actually bear.
    44
    45   MS. STEEL:   All right.  I was going to say that we presumed
    46        that the ruling that you made on 15th January this year
    47        cannot be challenged, but obviously, if that was wrong,
    48        then we would seek to advance the same argument that we
    49        advanced last November in respect of what we believe the
    50        leaflet means.
    51
    52   MR. JUSTICE BELL:  That is all water under the bridge.
    53
    54   MS. STEEL:   Right.
    55
    56   MR. JUSTICE BELL:   Yes.
    57
    58   MR. MORRIS:   The only thing I am concerned about -- yes, the
    59        only thing is that -- (Pause) I mean, I think that your
    60        meaning is -- you know, when you said that we should point

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