Day 057 - 29 Nov 94 - Page 45
1
2 MR. JUSTICE BELL: Yes, but in what respect -- I can see if you
3 knew that it included a survey of children and their
4 response that you might say that is relevant to the
5 advertising section -- what do you say it is particularly
6 relevant to in this case?
7
8 MR. MORRIS: Our case on advertising is not limited to children,
9 although that is the main ---
10
11 MR. JUSTICE BELL: It is very much the main plank of it, is it
12 not?
13
14 MR. MORRIS: -- part of it. It seems to me that McDonald's has
15 compiled what he calls "a very, very thorough report" which
16 includes feedback from people that have seen their
17 advertising and that must be relevant.
18
19 MR. JUSTICE BELL: Yes. What do you say, Mr. Rampton?
20
21 MR. RAMPTON: No, my Lord, I am not going to resile from what
22 I said a moment ago, save in this respect, that it is
23 apparent (which I had quite forgotten) that Mr. Hawkes did
24 say that such a report had been done. I would think it
25 right, my Lord, as a matter of law, that we should disclose
26 any part of that report which may be relevant to the issues
27 in this case, but we have to look at it first. We have not
28 done that yet; we have not seen it yet. I am certainly not
29 disposed to concede at this stage the whole of it is or
30 even may be.
31
32 MR. JUSTICE BELL: No, I think you should be given the
33 opportunity to look at it, but it seems to me that in so
34 far as two examples it might cast light on degree of use.
35
36 MR. RAMPTON: Yes, it might.
37
38 MR. JUSTICE BELL: And in so far as it might cast light on
39 response to advertising i.e. the pull of advertising,
40 particularly if it relates to children, then it may have
41 relevant parts -----
42
43 MR. RAMPTON: Of course, I accept that. I hope that I am fully
44 aware what the issues are in this case; those are quite
45 obviously two of them. If it contained material relevant
46 to those questions, then we disclose that material. What
47 I think is very unlikely (and here I go back to the issue
48 of principle to which I made an exception just now in
49 relation to the Leo Burnett memorandum), if it contains, as
50 I suspect it will, large amounts of material which have no
51 relevance to this case, why, then we will not disclose
52 those parts.
53
54 MR. JUSTICE BELL: I would be prepared to hear further argument
55 on that, but I think you will obviously follow up your own
56 suggestion to look at it first and we can come back to it.
57
58 MR. MORRIS: Although it is not on the list, there were two
59 other items of discovery resulting from cross-examination
60 which -- sorry, I am a bit out of turn there. Mr. Robert
