Day 050 - 10 Nov 94 - Page 39


     
     1   MR. JUSTICE BELL:  I might.  But at the moment I am not making
     2        any comparison between them as witnesses, but Mr. Miles, as
     3        Miss Gallatley, is in the "own experience" category of
     4        witness, really.
     5
     6   MR. RAMPTON:  May I pass then, finally, Mr. Miles, to something
     7        else?  Can you turn back to the earlier part of the
     8        document, where the actual Code is set out?
     9        A.  Yes.
    10
    11   Q.   The Code is in ordinary upright Roman type -- or the
    12        proposed Code, I should call it. Am I right?
    13        A.  Yes.
    14
    15   Q.   What is the function of the italic words in square
    16        brackets?
    17        A.  It is to assist the people being consulted to
    18        understand what the ITC is getting at.
    19
    20   Q.   Is it something akin to -- obviously, not exactly similar
    21        to or identical with -- the existing Code and the Notes for
    22        Guidance that we looked at earlier today?
    23        A.  I think not, not really.
    24
    25   Q.   I am not going to ask you to read these all over again.
    26        I am sure you are thoroughly familiar with them.
    27
    28        You have reviewed a selection for the purposes of this case
    29        of McDonald's advertisements for children, have you not?
    30        A.  Yes.
    31
    32   Q.   My question is this:  having read this Code and placing it,
    33        as it were, side by side with McDonald's existing
    34        advertisements to children, which you have seen, do those
    35        advertisements, in your view, in any sense fall foul of
    36        these proposed provisions?
    37        A.  No.  I have seen no McDonald's advertisements which
    38        I think fall foul.
    39
    40   MR. RAMPTON:  My Lord, those are my questions.
    41
    42   MR. JUSTICE BELL:  Yes, thank you.  Thank you, Mr. Miles.
    43
    44                        (The witness withdrew)
    45
    46   MR. RAMPTON:  My Lord, I am reminded that if we are not to sit
    47        tomorrow, it would be jolly helpful to us if we could have
    48        some information about what I call the "paper making"
    49        issue, the Bateman and Carroll matter, which your Lordship
    50        did invite the Defendants to give us by the end of this 
    51        week, because Mr. Bateman is not one of our people, he is 
    52        an independent person, and we cannot keep him on ice 
    53        forever.
    54
    55   MR. JUSTICE BELL:  (To the Defendants)  Quite apart from any
    56        question of thinking about that, you have to communicate,
    57        if you can, with Miss Dibb.  If, in fact, she has, no doubt
    58        very sensibly, been to see her doctor, she may be better
    59        able to judge when she will be fit and whether she would be
    60        fit if she is available on Monday.

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