Day 032 - 06 Oct 94 - Page 49


     
     1        bothered to walk into their outlet in the first place,
     2        does it not, and "even more nutritious" carries for me the
     3        assumption that "our food is nutritious and we are making
     4        it even more so".  So, I would treat that as an averment
     5        that the food has been nutritious hitherto.
     6        A.  I would agree that that would be the intention they
     7        are trying to put over.
     8
     9   MR. MORRIS:  Yes.  If we turn over the page:  "What's best for
    10        you?"  "Every time you eat at McDonald's you will be
    11        eating good, nutritious food".  What does that mean to
    12        you?
    13        A.  Apart from the ambiguity about "will", does that mean
    14        will in the future or every time you eat -----
    15
    16   MR. JUSTICE BELL:  No, I take that as present they are stating
    17         "our food is good and nutritious"?
    18        A.  In which case I would beg to differ in some counts.
    19
    20   Q.   That is what they are stating, I am saying.
    21        A.  Yes.
    22
    23   MR. MORRIS:  Would you say that was an irresponsible statement
    24        for a company that claims to be ----
    25
    26   MR. RAMPTON:  My Lord, I have sat here, I know they are
    27        litigants in person, but there comes a point where
    28        evidence becomes completely worthless if not Mr. Morris
    29        makes speeches.  It really is pointless.
    30
    31   MR. MORRIS:  It is not a speech, it is referring -----
    32
    33   MR. RAMPTON:  I know they do not know what leading questions
    34        are, but really!
    35
    36   MR. JUSTICE BELL:  The point is with a leading question, it is
    37        this (and it is in your own interests, in fact) that if
    38        you start jumping up and down waving flags at the witness
    39        as to which direction he is to go in next -- I am not
    40        suggesting that Dr. Lobstein will do other than give his
    41        own independent view -- it tends to detract from the
    42        evidence; you might just as well hold up a placard with
    43        "yes" or "no" on it as you ask your question, do you
    44        see?  It detracts from the weight to be attached to the
    45        answer.
    46
    47        So, if you wanted to ask:  "In your view, is it good
    48        nutritious food?" -- whether or not, it would advance the
    49        matter or not, I am not commenting -- that would be the
    50        way to deal with it. 
    51 
    52   MR. MORRIS:  Yes. 
    53
    54   MS. STEEL:   What do you think is implied by "every time you
    55        eat at McDonald's"?
    56        A.  Well, it is -- clearly they are implying anything you
    57        select off their menu would supply good and nutritious
    58        food.
    59
    60   Q.   Do you think that would be true?

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