Day 258 - 07 Jun 96 - Page 34


     
     1        it, that Mr. Fairgrieve has said what he got was about 3
     2        pages of fact which, quite apart from a fax or figures from
     3        Taylor Nelson via the agency, told him that such and such a
     4        proportion of the sample of the 60,000 ate out in a year
     5        and such and such a proportion of that proportion of the
     6        sample ate at McDonald's, and among those were particular
     7        numbers, for instance, who ate once a week or nearly once a
     8        week, whatever the figure is.
     9
    10   MR. MORRIS:  Nearly every day.
    11
    12   MR. JUSTICE BELL:  Nearly every day.  If he can summon up the
    13        same kind of source material -- I will not say exactly the
    14        same because the person who sent it to him may not remember
    15        just what it was that was said last time -- I would urge
    16        the Second Plaintiff to provide it.  Mr. Fairgrieve has
    17        said that it should be easy to get and if it is easy to get
    18        I would like to see it, with this in mind; that the second
    19        sheet of AF3 may be useful one way or another and if at the
    20        end of the day I have to disregard it, because I cannot see
    21        what it has come from or carry out any summary check of its
    22        basis, then that information is lost to me.  I say, 'if'
    23        I have to decide.
    24
    25        But all I can do, it seems to me, is say the way I am
    26        thinking at the moment.
    27
    28   MR. RAMPTON:  I am grateful to your Lordship.  My thinking is
    29        exactly the same as your Lordship's.  Ultimately, the
    30        decision is my clients'.  If I choose not to, or they
    31        choose not to, reproduce the information I will tell your
    32        Lordship and it must lie there.  Your Lordship will then
    33        detract such worth from Mr. Fairgrieve's evidence as your
    34        Lordship thinks appropriate.  I am fairly confident it will
    35        not come to that, but it is no business of the Defendants
    36        except in so far as they may wish to comment on it at the
    37        end of the day.
    38
    39   MR. JUSTICE BELL:  I have not bothered to look back at the
    40        Peckham survey because the Defendants have evidence which
    41        they would like to rely on, and I assume they will urge me
    42        to say is typical as to how often people do eat at
    43        McDonald's, and so on.  Then, 'if' I have to discard page 2
    44        of AF3 then that, for better or worse, may be what I am
    45        left with, but I cannot, I hasten at add, for the moment
    46        remember precisely what it said.  But there we are.  If it
    47        can be summoned up as easy as it could be last time I would
    48        like to see it.
    49
    50   MR. RAMPTON:  My Lord, yes.  I do not know anything about these 
    51        things at all, as your Lordship knows, but I believe the 
    52        principal difficulty would not be one of convenience. 
    53
    54   MR. JUSTICE BELL:  I do not even know whether Taylor Nelson kept
    55        some kind of record of what they sent to Mr. Fairgrieve.
    56
    57   MR. RAMPTON:  If it will help to hand in a fax sheet, so much
    58        the better.  It is really a matter of expense, I suspect.
    59
    60   MR. JUSTICE BELL:  Let us wait and see.  I would like to go on

Prev Next Index