Day 050 - 10 Nov 94 - Page 36

     
     1        view, was based on research.  We have not seen any
     2        research.  So do I have to ask to see the research and for
     3        Mr. Miles to be recalled when we have had a chance to look
     4        at it, or can I just address comments to you?
     5
     6   MR. JUSTICE BELL:  No.  You could just make the comment, if you
     7        wanted, that Mr. Miles said that, but we never produced,
     8        nor did Mr. Rampton ask him to produce, any kind of survey
     9        which actually supported that statement; and we would see
    10        where we go from there.  It would be comment about the
    11        weight (or lack of it) to be attached to Mr. Miles's
    12        evidence.  You have not lost your opportunity to make that
    13        comment because you have not pursued it any further.
    14
    15   MS. STEEL:  I just did not know whether we needed to bring it up
    16        any further.  Then there is nothing else.
    17
    18                      Re-examined by MR. RAMPTON QC.
    19
    20   MR. RAMPTON:  Mr. Miles, I have virtually only two questions to
         ask you.  I want you, please, to find that clip of papers
    22        relating to the ITC's Proposed New Code?
    23        A.  Yes.
    24
    25   Q.   Do you have that?
    26        A.  Yes, I have.
    27
    28   Q.   I would like you to turn, first of all, please, to their
    29        letter to individuals and organisations of 10th October.
    30        A.  Yes.
    31
    32   Q.   This touches on a question which Ms. Steel put to you in
    33        cross-examination.  You remember, Mr. Morris raised these
    34        documents in cross-examination.  I did not touch on them in
    35        your evidence-in-chief.
    36
    37        She put it to you, and you agreed, that in addition to your
    38        experience in industry -- this is not verbatim -- your
    39        views about the perceived effects on consumers of
    40        advertising were based on research.  You said, "Yes, that
         is right."
    42        A.  Yes.
    43
    44   Q.   Can you look, please, at the first page of this letter, and
    45        at the last paragraph?  I ask you to read it to yourself,
    46        because you have read it aloud before, or Mr. Morris has;
    47        and tell me when you have read it.
    48        A.  (Pause)  Yes, I have read it.
    49
    50   Q.   Perhaps we can agree that there appear to be two contrary 
    51        points of view expressed in that paragraph? 
    52        A.  Yes. 
    53
    54   MR. RAMPTON:   May I ask you -----
    55
    56   MR. MORRIS:  Can I interrupt?  There seem to be two dated
    57        the 10th.
    58
    59   MR. JUSTICE BELL:  You said the 10th?
    60