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,
