Day 057 - 29 Nov 94 - Page 41
1 Each of these countries is an independent company,
2 sometimes it is a joint venture, Denmark, Sweden, Germany
3 and so on and so forth. The business of finding documents
4 relating to one single incident maybe many years ago, maybe
5 recently, is laborious and costly both in money and in
6 executive and management time. Unless there is some very
7 good reason why it is that we should make this kind of
8 discovery, then I am not willing to agree to do it. If
9 your Lordship orders me to do it, then of course I will.
10 But, I say, I do not see how at the end of the case this is
11 going to help your Lordship in resolving this area of the
12 case, that is to say, the value or demerit of McDonald's
13 advertising to children.
14
15 MS. STEEL: Can I just say, which is not actually strictly
16 speaking about this, I do not accept what is being said
17 about the value of Mr. Gardiner's evidence. I do not want
18 to say anything at the moment.
19
20 MR. JUSTICE BELL: The last thing I am going to do is get
21 involved in that. If you want to explain to me how this
22 particular document can help me because, as I have tried to
23 say, even if it had some relevance, it would be quite wrong
24 of me just to accept that what a public body -- if that is
25 what it is -- has ruled or not ruled is correct. You have
26 sought to make the same point yourself with regard to the
27 ITC. It is your case that I should not just accept that
28 because the ITC has let ads go through that they are proper
29 or conscionable adverts.
30
31 MS. STEEL: That is not the point we are making. We are not
32 saying that you should not take it into consideration -- we
33 are not saying that -- they are all matters to which it is
34 worth thinking about and thinking about the reasons why
35 those bodies and those individuals have come to those
36 conclusions so, therefore, the evidence is valid.
37
38 Our argument about the ITC was that that should not be the
39 be all and end of it. We are not saying here that if this
40 Swedish advertising ban or Danish advertising ban says that
41 McDonald's were ruled out of order, that that means you
42 have to accept that, but they are all matters which are
43 valid things to take into consideration.
44
45 MR. JUSTICE BELL: But have you made any effort to get hold of
46 it yourself? Have you done what I suggested you might do?
47
48 MR. MORRIS: I can do that, but certainly I do not believe it is
49 fair. Of course, if the Plaintiffs do not want to look for
50 that relevant document and do not want to hand it over,
51 then we will have to try get it ourselves.
52
53 MR. JUSTICE BELL: I think you should do that because it is not
54 actually a McDonald's document in the sense that anyone
55 says that anyone created it at McDonald's or on behalf of
56 McDonald's. From what I remember of the telex or fax, it
57 was a matter of public record if it happened at all and
58 should be as available to you as to McDonald's. If you
59 want to rely on it, I think you should try to seek it
60 yourself.
