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 -----

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