Day 057 - 29 Nov 94 - Page 44
1
2 If it contains information, for example -- I cannot
3 remember what it is that Mr. Preston is reported as having
4 said -- that customers found the atmosphere at McDonald's a
5 bit too American, I would not regard that as being relevant
6 to any issue in this case. If, on the other hand, it
7 showed that customers thought that the advertising was
8 deceptive, then I would have to consider whether the
9 document ought to be disclosed or, rather, that part of
10 it. My Lord, what I am not willing to do at the moment is
11 to hand over a document which we have not seen and for
12 which, as I have said, the Defendants have demonstrated no
13 basis for supposing that it contains relevant information.
14
15 MR. MORRIS: On day 48 ---
16
17 MR. JUSTICE BELL: Date?
18
19 MR. MORRIS: -- 8th November on page 51, line 54, Mr. Hawkes
20 was asked: "Right, but was it the majority of people in
21 the survey that were saying these things or was it just
22 like", then he says: "No. We targeted the survey to the
23 people, our heavy users, so we would ask people in very
24 crude terms, we would ask them how often they use
25 McDonald's, and they would tell us and then we would rate
26 them as being a heavy user or a light user or whatever. We
27 would then ask both categories the questions of why they
28 visited McDonald's" and why they were lighter users rather
29 than heavy users, and that kind of stuff. So, it is not
30 only relevant, we would submit to advertising, it is also
31 relevant to usage.
32
33 MR. JUSTICE BELL: I understand the relevance or potential
34 relevance of usage. Let me just look at that again. So,
35 you say it may well, although that may not have been its
36 main objective, cast some light on amount of use of
37 McDonald's by certain people?
38
39 MR. MORRIS: Yes, and also -----
40
41 MR. JUSTICE BELL: What else would you say is of relevance?
42
43 MR. MORRIS: On day 41 which is 28th October at the bottom of
44 page 59, in fact most of page 59 but specifically the
45 bottom of page 59, top of page 60: "You have seen a copy
46 of that report, have you?" This is me to Mr. Miles. "Yes
47 ... it was a very, very thorough report, first of all, in
48 group discussions, and then also going out to confirm what
49 we heard in group discussions".
50
51 MR. JUSTICE BELL: Let me just find it. What do you say in
52 response to advertising might be relevant to what issue in
53 this case?
54
55 MR. MORRIS: It just says that on line 12 at page 60, I asked
56 him: "Were some of those views relevant to advertising,
57 for example, people responding to McDonald's advertising?"
58 Answer: "It was a totality, really. It was not just the
59 advertising." So it seems to me that it includes issues
60 relevant to advertising.
