Day 024 - 15 Sep 94 - Page 42
1 it by reference to the letters if you want -- take the
2 advertisements which were complained of, you can probably
3 do it quite shortly, for instance, the milk shake one, the
4 cholesterol/fat one and so on, and we can see from the
5 letters, I think, what I can assume Mr. Gardner may have
6 made of them. The McDonald's attorneys wrote back saying
7 why they thought this was a misconstruction of the
8 advertisements.
9
10 What you might do, if you wish to have Mr. Gardner's
11 evidence on it, is ask him if he wishes to add anything to
12 the letter. You can then ask him ad by ad, if you wish,
13 what his comments on the answer was. Then at some stage,
14 I do not want to take unnecessary time, but it seems
15 safest if you do that, and if Mr. Rampton has an argument
16 that either that is not admissible or in any event I ought
17 not to take attach any weight to it he can put that to
18 me. Were you going to cross-examine in any event on the
19 construction put on the -----
20
21 MR. RAMPTON: No, only to a very limited extent. I will not
22 say precisely what it was I was going to put. My thrust,
23 as Mr. Gardner will already know (which is why I did it),
24 having read the transcript of Mr. Horwitz's evidence, is
25 that Mr. Gardner only has one eye, if I may put it
26 metaphorically. To that extent I will invite his
27 attention to some small parts of these advertisements.
28
29 MS. STEEL: Mr. Horwitz went through the advertisements giving
30 his opinion.
31
32 MR. JUSTICE BELL: I am not stopping you. I am just suggesting
33 ways you can do it because this all started with you
34 saying you were not going to refer him yourself to the
35 specific advertisements.
36
37 MS. STEEL: The only reason for that is because I just thought
38 it was easier if he told us which advertisements he
39 thought were -----
40
41 MR. JUSTICE BELL: It might actually help him if you -- you
42 see, Mr. Gardner is not familiar with the bundle. He may
43 or may not have a good recollection of the actual
44 advertisement, but he is not familiar with the order in
45 which they are set out in the bundle, or I do not suppose
46 he is, not the pink bundle anyway. It would probably help
47 him if you said: "Right, let us look at the milk ad
48 next. That is page X. You have not actually got a note
49 of it, between us we will find where it is", do you see?
50
51 MS. STEEL: Yes, I was going to try to go through it page by
52 page, just letting him do it but if you want me to
53 say -----
54
55 MR. JUSTICE BELL: I think it might assist him if you gave him
56 the references, otherwise he has really to flip through
57 the whole of section 33 to find where he is first of all.
58 What you might do, because the ads are in one bundle which
59 also has the letter, if you ask him to look at Exhibit No.
60 7 to his own statement, page 2 -----
