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

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