Day 025 - 16 Sep 94 - Page 40


     
     1        that was false, misleading or deceptive.  I do not need to
     2        persuade the jury or the judge, whoever is the trier of
     3        fact in that instance, that the company lied.  It is
     4        entirely probable that that is precisely how I would argue
     5        to the jury that the defendant had acted.
     6
     7   MR. RAMPTON:  My Lord, I am about to pass on to the termination
     8        of the 1987 campaign.  I can start on that now. I am in
     9        your Lordship's hands.
    10
    11   MR. JUSTICE BELL:  We will break off now.  Can we talk about
    12        timing?  I have assumed, merely from the schedule, it may
    13        not be so, that Mr. Gardner may be wanting to leave the
    14        country this evening.
    15
    16   MR. RAMPTON:  I am not going to prevent him.
    17
    18   MR. JUSTICE BELL:  I do not suppose you will have much
    19        re-examination?  No doubt it depends what is to come.  We
    20        can take an hour and be confident of finishing
    21        Mr. Gardner, can we?
    22
    23   MR. RAMPTON:  Yes.  If it meant maybe sitting to half past four
    24        instead of quarter past, I hope your Lordship would
    25        forgive me, but I have no intention of leaving over a
    26        great chunk for Monday.  I do not foresee that.
    27
    28   MR. JUSTICE BELL:  You were hoping to go home, were you,
    29        today?
    30
    31   THE WITNESS:  No, your Lordship, I am scheduled to leave on
    32        Sunday.
    33
    34   MR. JUSTICE BELL:  Would it inconvenience anyone if we resumed
    35        at quarter to two?
    36
    37   MR. MORRIS:  No.
    38
    39   MR. RAMPTON:  No, it would not.
    40
    41   MR. JUSTICE BELL:  Let us resume at quarter to two.
    42
    43                       (Short Adjournment)
    44                                                     2.OO p.m.
    45
    46   MR. RAMPTON:  Mr. Gardner, I promised that I would move now to
    47        the determination of the 1987 advertising campaign and
    48        that is what I shall do.  I understand your assertion to
    49        be that the campaign was all but a remnant prematurely
    50        terminated by McDonald's in consequence of the 
    51        representations made by your office and the offices of 
    52        California and New York; is that right? 
    53        A.  I would not absolutely say prematurely.  All but, as
    54        you say, a remnant, and I am uncertain of the exact nature
    55        of that remnant, was represented to us as having been
    56        stopped and was not going to be continued.  They did not
    57        represent that they had terminated, for instance, the
    58        placements in the magazines that had already occurred but
    59        could conceivably still be stopped through significant
    60        effort.

Prev Next Index