Day 300 - 14 Nov 96 - Page 46


     
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     2   MR. JUSTICE BELL:   Yes.  I do not want you to set too high
     3        stock on it.  It was me who actually asked the question of
     4        Mr. Preston when the education pack came in, and it was
     5        something to the effect that if it was mentioned there or
     6        young people were pointed in the direction of it, would he
     7        be content that anything in it be accepted, and he said,
     8        "Yes."  It may be, without any disrespect to Mr. Preston,
     9        he had no choice but to say "yes", since it was in a letter
    10        about the stereotyped signature or name.  But it is
    11        extremely difficult to attach, however that may be, the
    12        same weight -- even if it is admissible as evidence -- to
    13        something which is in a book like that as one would attach
    14        to the evidence one has actually heard in court and had
    15        challenged and knows the source of.
    16
    17   MS. STEEL:   Right.  Before that came up with Mr. Preston -- in
    18        actual fact, the first time he was in the witness box --
    19        I did ask him if he thought that, generally, this book was
    20        a good thing and whether he remembered anything that he
    21        would not agree with in it, and he said "no".  I also asked
    22        him about whether he would promote something which he did
    23        not agree with.
    24
    25   MR. JUSTICE BELL:  These are all perfectly valid points, but
    26        I think it is common sense that it is difficult to attach
    27        the weight to what you find in a book about that and you do
    28        not know just where it has come from, than it is to the
    29        evidence you have heard called on one side or the other or
    30        elicited in cross-examination from one side or the other.
    31
    32   MS. STEEL:   The other thing is, on page 224, the quote
    33        about: "Indeed, no other marketing factor has been more
    34        important in distinguishing McDonald's as the leader in
    35        fast food than its early decision to appeal to children
    36        through advertising."
    37
    38   MR. JUSTICE BELL:  You see, you have evidence of that.
    39
    40   MS. STEEL:   Yes.  I think that is the one that has been agreed
    41        with by Mr. Hawkes and Mr. Beavers.  All right.  Well, I
    42        will....
    43
    44   MR. JUSTICE BELL:  Thank you.  Are you going to go on with
    45        employment next, Mr. Morris?
    46
    47   MR. MORRIS:   Yes -- tomorrow morning, yes.
    48
    49   MR. JUSTICE BELL:   10.30.
    50
    51                         (The Court Adjourned)
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