Day 057 - 29 Nov 94 - Page 41


     
     1        Each of these countries is an independent company,
     2        sometimes it is a joint venture, Denmark, Sweden, Germany
     3        and so on and so forth.  The business of finding documents
     4        relating to one single incident maybe many years ago, maybe
     5        recently, is laborious and costly both in money and in
     6        executive and management time.  Unless there is some very
     7        good reason why it is that we should make this kind of
     8        discovery, then I am not willing to agree to do it.  If
     9        your Lordship orders me to do it, then of course I will.
    10        But, I say, I do not see how at the end of the case this is
    11        going to help your Lordship in resolving this area of the
    12        case, that is to say, the value or demerit of McDonald's
    13        advertising to children.
    14
    15   MS. STEEL:   Can I just say, which is not actually strictly
    16        speaking about this, I do not accept what is being said
    17        about the value of Mr. Gardiner's evidence.  I do not want
    18        to say anything at the moment.
    19
    20   MR. JUSTICE BELL:  The last thing I am going to do is get
    21        involved in that.  If you want to explain to me how this
    22        particular document can help me because, as I have tried to
    23        say, even if it had some relevance, it would be quite wrong
    24        of me just to accept that what a public body -- if that is
    25        what it is -- has ruled or not ruled is correct.  You have
    26        sought to make the same point yourself with regard to the
    27        ITC.  It is your case that I should not just accept that
    28        because the ITC has let ads go through that they are proper
    29        or conscionable adverts.
    30
    31   MS. STEEL:  That is not the point we are making.  We are not
    32        saying that you should not take it into consideration -- we
    33        are not saying that -- they are all matters to which it is
    34        worth thinking about and thinking about the reasons why
    35        those bodies and those individuals have come to those
    36        conclusions so, therefore, the evidence is valid.
    37
    38        Our argument about the ITC was that that should not be the
    39        be all and end of it.  We are not saying here that if this
    40        Swedish advertising ban or Danish advertising ban says that
    41        McDonald's were ruled out of order, that that means you
    42        have to accept that, but they are all matters which are
    43        valid things to take into consideration.
    44
    45   MR. JUSTICE BELL:  But have you made any effort to get hold of
    46        it yourself?  Have you done what I suggested you might do?
    47
    48   MR. MORRIS:  I can do that, but certainly I do not believe it is
    49        fair.  Of course, if the Plaintiffs do not want to look for
    50        that relevant document and do not want to hand it over, 
    51        then we will have to try get it ourselves. 
    52 
    53   MR. JUSTICE BELL:  I think you should do that because it is not
    54        actually a McDonald's document in the sense that anyone
    55        says that anyone created it at McDonald's or on behalf of
    56        McDonald's.  From what I remember of the telex or fax, it
    57        was a matter of public record if it happened at all and
    58        should be as available to you as to McDonald's.  If you
    59        want to rely on it, I think you should try to seek it
    60        yourself.

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