Day 300 - 14 Nov 96 - Page 32
1 It seems to me there are two considerations - there may be
2 more - whether or not there is any pestering, I can see you
3 say it is undesirable to sow in a child's mind the seed of
4 a request, however infrequently made, however politely
5 made, to go out and buy something which is bad for it.
6 That has got nothing to do with pestering. You can forget
7 the word pestering completely. That is just inspiring the
8 possibility which would not otherwise exist of eating
9 something which is not good for the child.
10
11 Whenever pester power is mentioned, or the word pester is
12 meant, it brings into my mind a separate, possibly
13 undesirable thing, that even if there is nothing wrong with
14 the end result, there is something wrong with winding
15 children up and winding them up until they cannot stop
16 asking for something. Do you see what I mean?
17
18 MR. MORRIS: Yes, I agree, there are two separate points. They
19 are both absolutely clearly in operation here, this part.
20
21 MR. JUSTICE BELL: Let me just make a note. (Pause) Yes.
22
23 MR. MORRIS: I mean, if I can just say something as a parent on
24 this subject to throw light on the subject. It is a hard
25 enough job being a parent without being harassed by your
26 child because they have had influences from outside to buy
27 Nike shoes or Tottenham jerseys or McDonald's food. I
28 don't get much harassment over McDonald's food. It is
29 pretty clear he is not going to get any. But, I mean,
30 influences from advertising, whether it is a good or bad
31 thing they are buying, the harassment of parents, parents
32 can do without it and have a right to do without it.
33
34 But if I can just say, going back to the point about what
35 I call shifting the goalposts, again we feel we have had so
36 many obstacles in this case to overcome, in standing where
37 we are today, and a lot of it has been proving, against
38 opposition from McDonald's side, some very basic things,
39 and then when it seems that we have proved it, such as
40 pester power or something else, like such as cruelty to
41 animals, then suddenly it is indifferent cruelty that we
42 may have to prove. So all I am saying is -----
43
44 MR. JUSTICE BELL: You do not need to concern yourself about
45 that.
46
47 MR. MORRIS: There is always an added rider that gets put on
48 top.
49
50 MR. JUSTICE BELL: At this stage of the case, certainly it is
51 not what the Plaintiff suggests you have to prove; it is
52 what, having heard what you say you have to prove and
53 having in due course heard Mr. Rampton say what he says you
54 have got to prove, it is proving what I ultimately decide
55 you have got to prove.
56
57 The point of putting these matters to you at this stage is
58 simply so I can get it clear in my mind how you put it. So
59 do not worry about the goalposts being moved. It is just a
60 form of our litigation that unless I decide something like
