Day 043 - 01 Nov 94 - Page 75


     
     1        back and is re-examined by Mr. Rampton, if he does not know
     2        any more by then, there we are.  If he does know something
     3        more which is admissible, he says it in re-examination,
     4        query, whether then you are able to cross-examine on that
     5        or whether your opportunity has passed.  If he gets the
     6        information first or is allowed to enquire to see whether
     7        he can get information, you get such answer as you got
     8        while you are cross-examining, you can pursue
     9        cross-examination.
    10
    11        Do you understand what the disadvantage might be from your
    12        own point of view?
    13
    14   MS. STEEL:   What I do not understand is that -- well, I did not
    15        think that the parties could tell witnesses what to say.
    16
    17   MR. JUSTICE BELL:  No, I do not think there has been any
    18        suggestion of that.
    19
    20   MS. STEEL:  It just seems that is what is being suggested; they
    21        are going to look up some information and give it to
    22        Mr. Hawkes and make him be in a position where they can ask
    23        a question.
    24
    25   MR. JUSTICE BELL:  No.  As I understand it, Mr. Hawkes --
    26        Mr. Rampton will correct me if I am wrong -- when he comes
    27        to say anything further in due course, Mr. Hawkes being
    28        presented with a copy of the documentation, will make such
    29        enquiries as he feels able to, to inform himself about
    30        matters upon which he is not at the moment informed.
    31
    32   MR. MORRIS:  I do not understand what the issue is either,
    33        because there has been some suggestion that the MORI survey
    34        by Sue Dibb may be somehow bogus, is invented or something,
    35        the National Food Alliance comprises, which is backed by
    36        dozens of -- I will not go into that because it is beneath
    37        my dignity to do so -- he saying he is making something up,
    38        in which case he should put it to the witness.  If it is
    39        something she has knowledge of, she has had meetings with
    40        the ITC, then Mr. Hawkes is not going to know any
    41        difference anyway, because she was there and he was not.
    42
    43   MR. JUSTICE BELL:  On what basis can she say what someone at the
    44        ITC told her?
    45
    46   MS. STEEL:  She is an expert on advertising.
    47
    48   MR. JUSTICE BELL:  On what basis can she -- it sounds like
    49        hearsay to me.
    50 
    51   MR. MORRIS:  Yes, well, if it is hearsay, then the normal 
    52        position will apply.  I do not know, he seems to be making 
    53        a massive fuss about that.
    54
    55   MR. JUSTICE BELL:  I do not know.  You see, at the moment for
    56        all I know, I do not know whether there will be issues or
    57        once he has made his enquiry you will find there is a level
    58        of agreement.  You see, the argument at the moment you are
    59        putting forward seems to be on the assumption (which may or
    60        may not be right) that the information, in so far as it is

Prev Next Index