Day 057 - 29 Nov 94 - Page 26


     
     1   MR. JUSTICE BELL:  It was while you were actually out of court.
     2        Do you remember?  You left court for five minutes or so and
     3        during the course of that Mr. Green said that he thought
     4        that the memo would have some record of discussions on this
     5        point.
     6
     7   MR. RAMPTON:  Yes.
     8
     9   MR. JUSTICE BELL:  Of course, he might or might not be wrong
    10        about that, but it seemed to me typical of fate that it was
    11        the one moment when you chose to leave court during the
    12        evidence that he gave those answers.
    13
    14   MR. RAMPTON:  Yes, I had not realised that, but it makes
    15        perfectly good sense.  What, in fact, we did -- the
    16        original version of the memo which we had came from,
    17        I think it was, McDonald's legal department or their
    18        attorneys, I do not know which.  What Mr. Green did when he
    19        went back to America was to stimulate Leo Burnett
    20        themselves (who are not, of course, owned by McDonald's) to
    21        see what they could find.  They have come up with -- it is,
    22        in effect, a better copy.  It is rather like -- I will not
    23        say what it is rather like -- but it is a copy which has
    24        more on it than we had originally realised.  It does
    25        contain just what Mr. Green said he thought it might
    26        contain, which is a reference to the scheduling of the one
    27        and the two-page advertisements.
    28
    29        That will shortly be disclosed.  I do not know whether we
    30        have actually received a copy in this country yet?  That is
    31        all that is any different from what we already had.  I make
    32        no secret of the fact it does explain, as I had guessed but
    33        had not known, that the underlinings on that schedule mean
    34        two-page advertisements, the ones not underlined, the one
    35        page advertisements.
    36
    37   MR. JUSTICE BELL:  What is the position with regard to the
    38        blocked out document, because my recollection of the
    39        authority which was in The Times a few weeks ago, or maybe
    40        it is months ago now, was that an assertion by counsel or
    41        solicitors, such as your assertion that none of the blocked
    42        out parts were relevant, was to be accepted unless there
    43        was some ground to believe that, for whatever reason, that
    44        was not right.  I may have inaccurately summoned -----
    45
    46   MR. RAMPTON:  I have looked at again.  That is what I thought it
    47        meant.  Fortunately, it means that what I had originally
    48        done was in accordance with the law, as I thought it was at
    49        the time.  I have looked again at the full document and
    50        I have no reason to revise my blanking out.  The bit we 
    51        have now found was not a bit that was ever blanked out by 
    52        me because I never knew that it was there.  It was not on 
    53        the copy I had.
    54
    55   MR. JUSTICE BELL:  How many documents are there from Leo
    56        Burnett?
    57
    58   MR. RAMPTON:  It is just one sheet.  It is the same memorandum,
    59        or the same schedule, but on the bottom are some footnotes
    60        explaining what the underlying, amongst other things,

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