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.

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