Day 057 - 29 Nov 94 - Page 43


     
     1
     2   MR. MORRIS:  Yes.  He said that some of the answers would have
     3        related to advertising, views on advertising, by
     4        customers.  Basically, we would request a copy of this
     5        survey.
     6
     7   MR. JUSTICE BELL:  Tell me what you say its relevance is to a
     8        particular issue?
     9
    10   MR. MORRIS:  My understanding of Mr. Hawkes' evidence was that
    11        some of the questions specifically related to advertising.
    12
    13   MR. JUSTICE BELL:  Can you find the reference?
    14
    15   MR. MORRIS:  Mr. Hawkes -- it is not on day 44.
    16
    17   MR. JUSTICE BELL:  Can you remember the point in relation to
    18        advertising that it was on?
    19
    20   MR. MORRIS:  As far as I could see, it was customer
    21        perceptions.  Our case, of course, is that the effect of
    22        advertising on not just children but -----
    23
    24   MR. JUSTICE BELL:  What is the position with regard to this
    25        survey, Mr. Rampton?  Maybe you do not know.  Quite apart
    26        from whether Mr. Morris' approach to this is justified or
    27        not, Mr. Preston is going to come back in due course?
    28
    29   MR. RAMPTON:  Yes.
    30
    31   MR. JUSTICE BELL:  He is clearly going to be asked about that.
    32        He might have expected it, if I might say so, that when he
    33        made the speech which he did, if it was accurately reported
    34        (which I am not going to assume it was), that he would
    35        provoke some cross-examination about the surveys.  Is it
    36        not better we actually know what the survey actually says.
    37
    38   MR. RAMPTON:  No, my Lord, with respect, that is premature.  It
    39        may be that there might be cross-examination which could
    40        only go to credit about what he said at that conference, in
    41        which case no documents would be disclosable whatsoever.
    42        Mr. Preston will answer the questions and the Defendants
    43        will be bound by his answer.  Your Lordship will attach
    44        such weight to the answers as your Lordship thinks fit.
    45
    46        It may be that on looking at the survey, I will decide (if
    47        it exists and if I get a chance to see it which I expect
    48        that I shall if it does exist) that it contains material
    49        which is relevant to the issues in this case.  At the
    50        moment the Defendants have demonstrated no basis on which 
    51        the court ought to suppose that it will contain, or is 
    52        likely to contain, such material and, therefore, ought to 
    53        order its discovery.  Plainly, if I think it is appropriate
    54        to do so or, further than that, I see it as an obligation
    55        to do so, then I will disclose such parts of the survey --
    56        it maybe the whole -- as I think are relevant and useful.
    57        But at the moment what I would ask your Lordship to do is
    58        hold that question over until we have had a chance to find
    59        out whether such a survey does, indeed, exist, what form it
    60        takes and whether it contains any relevant information.

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