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
