Day 050 - 10 Nov 94 - Page 38
1 MR. JUSTICE BELL: No, I do not think it is, at all. It is just
2 asking his personal view. I had not assumed that he was
3 saying anything about research.
4
5 MR. RAMPTON: He has already said that his views are based on
6 research.
7
8 MS. STEEL: When he introduced this question, Mr. Rampton said
9 it was in reply to my point about what his opinions were
10 based on and it being research.
11
12 MR. RAMPTON: Exactly; and that is how cross-examination opens
13 the door to re-examination. It may be unfortunate, but
14 there it is.
15
16 MS. STEEL: I am not arguing against the fact that it was
17 brought up. I am just concerned that this is not being
18 used as an attempt to bring in research which the
19 Plaintiffs have failed to produce to this court, to back up
20 what Mr. Miles is saying.
21
22 MR. JUSTICE BELL: I do not see that the last sentence of that
23 paragraph, actually, is any evidence that that is what the
24 research is. I have not interpreted Mr. Miles's answer as
25 that. I have interpreted it as his position. It just says
26 that that is what the industry argues.
27
28 MR. RAMPTON: I am afraid it may turn out that Ms. Steel is the
29 victim of her own enthusiasm in cross-examination, because
30 my next question is going to be this: Mr. Miles, if that
31 is one of your views about the perceived effects of
32 advertising on consumers, which I think, in effect, you
33 told us it is ---
34 A. Yes.
35
36 Q. -- that view of yours, is that based on research with
37 which you are familiar?
38 A. Yes.
39
40 MR. JUSTICE BELL: I am really not going to attach any weight to
41 the research unless I actually see, because what is sauce
42 for the goose has to be sauce for the gander.
43
44 MR. RAMPTON: I quite understand that. In order to save time, I
45 am not going through the same lot of papers twice, and
46 I have reserved most of that for Miss Dibb's
47 cross-examination.
48
49 MR. JUSTICE BELL: I agree. If I see strength in anything which
50 Mr. Miles has said which I might otherwise have thought of,
51 it would be because of the length of his experience, as I
52 would with any witness who has a particular experience.
53
54 MR. RAMPTON: I am not trying to anticipate your Lordship's
55 decision, but it might also be that if your Lordship
56 thought this a witness of calibre, and he said that his
57 views were based both on experience and on the research
58 which he read, your Lordship might be inclined to accept
59 that answer.
60
