Day 025 - 16 Sep 94 - Page 40
1 that was false, misleading or deceptive. I do not need to
2 persuade the jury or the judge, whoever is the trier of
3 fact in that instance, that the company lied. It is
4 entirely probable that that is precisely how I would argue
5 to the jury that the defendant had acted.
6
7 MR. RAMPTON: My Lord, I am about to pass on to the termination
8 of the 1987 campaign. I can start on that now. I am in
9 your Lordship's hands.
10
11 MR. JUSTICE BELL: We will break off now. Can we talk about
12 timing? I have assumed, merely from the schedule, it may
13 not be so, that Mr. Gardner may be wanting to leave the
14 country this evening.
15
16 MR. RAMPTON: I am not going to prevent him.
17
18 MR. JUSTICE BELL: I do not suppose you will have much
19 re-examination? No doubt it depends what is to come. We
20 can take an hour and be confident of finishing
21 Mr. Gardner, can we?
22
23 MR. RAMPTON: Yes. If it meant maybe sitting to half past four
24 instead of quarter past, I hope your Lordship would
25 forgive me, but I have no intention of leaving over a
26 great chunk for Monday. I do not foresee that.
27
28 MR. JUSTICE BELL: You were hoping to go home, were you,
29 today?
30
31 THE WITNESS: No, your Lordship, I am scheduled to leave on
32 Sunday.
33
34 MR. JUSTICE BELL: Would it inconvenience anyone if we resumed
35 at quarter to two?
36
37 MR. MORRIS: No.
38
39 MR. RAMPTON: No, it would not.
40
41 MR. JUSTICE BELL: Let us resume at quarter to two.
42
43 (Short Adjournment)
44 2.OO p.m.
45
46 MR. RAMPTON: Mr. Gardner, I promised that I would move now to
47 the determination of the 1987 advertising campaign and
48 that is what I shall do. I understand your assertion to
49 be that the campaign was all but a remnant prematurely
50 terminated by McDonald's in consequence of the
51 representations made by your office and the offices of
52 California and New York; is that right?
53 A. I would not absolutely say prematurely. All but, as
54 you say, a remnant, and I am uncertain of the exact nature
55 of that remnant, was represented to us as having been
56 stopped and was not going to be continued. They did not
57 represent that they had terminated, for instance, the
58 placements in the magazines that had already occurred but
59 could conceivably still be stopped through significant
60 effort.
