Day 300 - 14 Nov 96 - Page 32


     
     1        It seems to me there are two considerations - there may be
     2        more - whether or not there is any pestering, I can see you
     3        say it is undesirable to sow in a child's mind the seed of
     4        a request, however infrequently made, however politely
     5        made, to go out and buy something which is bad for it.
     6        That has got nothing to do with pestering.  You can forget
     7        the word pestering completely.  That is just inspiring the
     8        possibility which would not otherwise exist of eating
     9        something which is not good for the child.
    10
    11        Whenever pester power is mentioned, or the word pester is
    12        meant, it brings into my mind a separate, possibly
    13        undesirable thing, that even if there is nothing wrong with
    14        the end result, there is something wrong with winding
    15        children up and winding them up until they cannot stop
    16        asking for something.  Do you see what I mean?
    17
    18   MR. MORRIS:   Yes, I agree, there are two separate points.  They
    19        are both absolutely clearly in operation here, this part.
    20
    21   MR. JUSTICE BELL:   Let me just make a note.  (Pause)  Yes.
    22
    23   MR. MORRIS:   I mean, if I can just say something as a parent on
    24        this subject to throw light on the subject.  It is a hard
    25        enough job being a parent without being harassed by your
    26        child because they have had influences from outside to buy
    27        Nike shoes or Tottenham jerseys or McDonald's food.  I
    28        don't get much harassment over McDonald's food.  It is
    29        pretty clear he is not going to get any.  But, I mean,
    30        influences from advertising, whether it is a good or bad
    31        thing they are buying, the harassment of parents, parents
    32        can do without it and have a right to do without it.
    33
    34        But if I can just say, going back to the point about what
    35        I call shifting the goalposts, again we feel we have had so
    36        many obstacles in this case to overcome, in standing where
    37        we are today, and a lot of it has been proving, against
    38        opposition from McDonald's side, some very basic things,
    39        and then when it seems that we have proved it, such as
    40        pester power or something else, like such as cruelty to
    41        animals, then suddenly it is indifferent cruelty that we
    42        may have to prove.  So all I am saying   is -----
    43
    44   MR. JUSTICE BELL:  You do not need to concern yourself about
    45        that.
    46
    47   MR. MORRIS:   There is always an added rider that gets put on
    48        top.
    49
    50   MR. JUSTICE BELL:   At this stage of the case, certainly it is
    51        not what the Plaintiff suggests you have to prove; it is
    52        what, having heard what you say you have to prove and
    53        having in due course heard Mr. Rampton say what he says you
    54        have got to prove, it is proving what I ultimately decide
    55        you have got to prove.
    56
    57        The point of putting these matters to you at this stage is
    58        simply so I can get it clear in my mind how you put it.  So
    59        do not worry about the goalposts being moved.  It is just a
    60        form of our litigation that unless I decide something like

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