Day 046 - 04 Nov 94 - Page 75


     
     1        document, Mr. Rampton can go and get them himself anyway if
     2        she is not going to refer to them, as we have been told by
     3        the Plaintiffs, quite unreasonably, when they are already
     4        in the Plaintiffs' possession.  If we had them in our
     5        possession, we would certainly disclose them.
     6
     7   MR. JUSTICE BELL:  What concerns me is whether she is going to
     8        refer to them.  It seems to me this has arisen because you
     9        produced her publication.  Suppose, for instance, she says,
    10        as she does in some part, "There is much evidence to show
    11        that children are highly influenced by advertising", it
    12        seems to me she is then going to be asked:  "Well, what is
    13        that evidence?"  Then the next step is she is going to
    14        refer to a particular survey, and then we ought to have a
    15        copy of the survey.
    16
    17        What I think you should beware of doing is, I have not seen
    18        the publication, because she may have written the
    19        publication itself which in turn relies upon particular
    20        sources, it is sufficient for her to rely upon her
    21        publication without going back to the sources.  It is
    22        really analogous to Dr. Barnard and Mr. Cannon who gave
    23        their references and certain of which were produced.
    24
    25   MR. MORRIS:  Yes, I think Mr. Cannon was not expected to bring
    26        along the 100 references that he had analysed in making his
    27        book, which he then drew the court's attention to.  What I
    28        do not want to happen is that the extension of the
    29        references gets larger and larger all the time, because
    30        people can refer to a document, then they have to refer to
    31        the underlying documents for that document.
    32
    33        Of course, if a document that is an underlying document, if
    34        Mr. Rampton is not happy on it because it is a survey, he
    35        wants to get the person that did the survey to come to
    36        court and testify or to make a Civil Evidence Act
    37        statement.  So I think there has to be a proportion about
    38        how far back and, you know, do you need the documents that
    39        back up another document?
    40
    41   MR. JUSTICE BELL:  But if she is going to say, either expressly
    42        or by inference, "My support for that statement, that is
    43        not just an ex cathedrus statement, it is based on this",
    44        whether she says in the first instance or whether she says
    45        it under being pressed, she ought to be prepared to produce
    46        it.  We can have an argument about who has to go and get
    47        it, but I would have thought if she has written the
    48        publication you may very well find she has it available to
    49        her, I do not know.
    50 
    51        What I think you ought to set about doing is finding out 
    52        just what she is going to refer to beyond what is in her 
    53        statement at the moment.  For instance, I have a note here
    54        that she says there was a 1990 survey (this is not looking
    55        at the statement; this is looking at my note, so it is
    56        obviously less than complete) that McDonald's were the
    57        fifth highest advertised food product out of 42, and the
    58        survey for 1992 said they were second.  That may not be a
    59        matter which is in issue or is challenged, but if she is
    60        depending on a survey, she ought to have a copy here.

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