Day 045 - 03 Nov 94 - Page 41
1 MR. JUSTICE BELL: Yes, I know, but I think he was anxious --
2 just pause a moment. The intervention may have been out of
3 anxiety that you were going to follow the procedure you
4 were following until this morning. As far as I am
5 concerned, there is no need to be anxious about that,
6 because I am confident that you will follow the ruling
7 which I made.
9 If and when we come to your evidence and you want to argue
10 that the document is admissible in relation to something
11 which you want to say in your evidence, then we will
12 reconsider the matter then.
14 You want Mr. Green to look at the article on the left or
15 the right hand?
17 MR. MORRIS: The left, about McDonald's marketing strategy.
19 MR. JUSTICE BELL: Very well. Which paragraph?
21 MR. MORRIS: The first five, I think, paragraphs.
23 MR. JUSTICE BELL: Just read the first couple of words of it, so
24 that we know which it is.
26 MR. MORRIS: "McDonald's is changing the way it measures
27 success" -- the first five paragraphs.
29 THE WITNESS: Yes.
31 MR. MORRIS: You have read it?
32 A. Yes, I have.
34 Q. Is any of that not true?
35 A. Well, some of this is not true but, essentially, from
36 the perspective that we are trying to get more people to
37 come to our restaurants, that certainly is true.
39 MR. MORRIS: Can you point out any of the bits that are not
42 MR. JUSTICE BELL: Just pause there. Part of the difficulty we
43 run into over this is where you have referred to a document
44 which, whether it may become admissible in some context
45 when you give evidence, is not admissible in its own right
46 in cross-examination. That does not actually prevent you
47 having the binder open in front of you and telling the
48 witness to have the binder open in front of him, and then
49 without specific reference to the documents you can say, if
50 you wish: "Did McDonald's change the way it measured
51 success", in or about whatever the time is, and then
52 putting something which you have the basis of from the
53 document, without reading in the document. Do you
56 MR. MORRIS: I do understand. I feel like I am getting
57 conflicting messages, but I am trying to chart the course
58 which is most efficient and appropriate.
60 (To the witness) You said it was generally true?