Day 309 - 03 Dec 96 - Page 38


     
     1
     2   MR. RAMPTON:  All, in fact, that slight modification to
     3        your Lordship's meaning does is to transport some of your
     4        meaning on nutrition into the meaning on children.
     5
     6   MR. JUSTICE BELL: Yes.
     7
     8   MR. RAMPTON:  Which is a question formed by that in substance.
     9
    10   MR. JUSTICE BELL: You say it is all there though it may be
    11        spread out over various meanings which you have pleaded in
    12        your Statement of Claim?
    13
    14   MR. RAMPTON:  That is right.  What happens is that the pleader
    15        goes through the leaflet line by line or paragraph by
    16        paragraph and says, this bit means this, that bit that.
    17
    18   MR. JUSTICE BELL:  It is easier to grapple with if one does
    19        that.
    20
    21   MR. RAMPTON:  It is, that is all.
    22
    23   MR. JUSTICE BELL:  Yes.  On page 8 of divider 2 in volume 2 of
    24        your submissions.
    25
    26   MR. MORRIS:  Is that advertising?
    27
    28   MR. JUSTICE BELL:  Yes, that is right.  This is the one of a set
    29        of queries I have marked.  Let me just get pink 7.  I had
    30        not looked it up, but I thought it must be referring to the
    31        media.
    32
    33   MR. RAMPTON:  Yes, my Lord, it surprised me.  We put that into
    34        our letter to the Defendants saying, 'this is one of the
    35        documents which we would like you to agree', and the
    36        response came back, 'No, we do not agree these'.  There was
    37        not even a qualification.
    38
    39   MR. MORRIS:  I do not remember that.
    40
    41   MR. RAMPTON:  I can show it to you.
    42
    43   MR. MORRIS:  Any McDonald's document-----
    44
    45   MR. JUSTICE BELL:  The point is, the important thing is to know
    46        whether it is agreed as...
    47
    48   MR. MORRIS:  Our view is that any McDonald's document is
    49        automatically, we can use it for any admission against
    50        interest or any information against the Plaintiffs' case, 
    51        and----- 
    52 
    53   MR. JUSTICE BELL:  I do not think it is an admission against
    54        interest, it is a document which sets out various figures
    55        of one kind or another.  I do not think you can-----
    56
    57   MR. MORRIS:  We just assume, that was our position, that we made
    58        clear that any -- well, Mr. Rampton now concedes our case
    59        that official documents of a certain status can be arrived
    60        at anyway as admissible evidence and also-----

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