Day 055 - 25 Nov 94 - Page 70

     
     1        here; one is what children's understanding of an
     2        advertisement and its selling nature may be.  I think it is
     3        recognised that children do develop and that younger
     4        children are not going to be as aware as older children,
     5        and that that process takes quite a while, but that is
     6        quite separate from the persuasive nature and the influence
     7        that an advertisement might have, that is to be quite
     8        independent of understanding what an advertisement is.
     9
    10   MR. RAMPTON:  Yes, my Lord, would that be convenient?
    11
    12   MR. JUSTICE BELL:  Yes.  Thank you, Ms. Dibb.
    13
    14                       (The witness withdrew)
    15
    16   MR. RAMPTON:  My Lord, before we embark on administrative
    17        matters, can I mention one thing?  I noticed from
    18        Ms. Dibb's evidence yesterday (and it is no criticism of
    19        her) that she appeared to have been given some of the
    20        Plaintiffs' confidential documents properly disclosed in
         the course of this case.  Can I ask your Lordship first
    22        that the Defendants ensure that she returns them when she
    23        is finished giving evidence; second, that she understands
    24        that she is not entitled to make use of them outside the
    25        court for her own purposes.
    26
    27   MR. JUSTICE BELL:  Does this relate to back to an order of
    28        Mr. Justice Drake's?
    29
    30   MR. RAMPTON:  No, it is rather more this, in so far as they have
    31        been read out or referred to or read by the court itself,
    32        people are entitled to look at them.  I was more concerned
    33        with a use of them for some ulterior or other purpose.
    34        I am told that Mr. Justice Drake's order was only to make
    35        explicit that which we all know is the law anyway, namely,
    36        as to the use of documents out of court.  Different
    37        considerations do, of course, apply once they have been
    38        referred to.  I am only asking that the copies that
    39        Ms. Dibb has got, which have obviously been supplied to her
    40        by the Defendants, should be returned to us.
    41
    42   MR. JUSTICE BELL:  What you are saying is they are not in the
    43        public domain, even though they have been disclosed in the
    44        case until such time as they have been referred to in
    45        court?
    46
    47   MR. RAMPTON:  That is right.  Then what is said about them in
    48        their context, in so far as it has happened.
    49
    50   MS. STEEL:  Can I ask Mr. Rampton to withdraw the "ulterior" 
    51        thing he said?  I was not quite sure what he was trying to 
    52        allude to there. 
    53
    54   MR. RAMPTON:  Ms. Steel is far too sensitive.  She will have
    55        plenty of time to be offended when I cross-examine her.
    56        There is really no need for that.  By "ulterior" I meant
    57        collateral or parallel.  What I am anxious is that Ms. Dibb
    58        should not take the documents away.
    59
    60   MR. JUSTICE BELL:  What it is designed to mean is for any