Day 016 - 22 Jul 94 - Page 07

     
     1        Lordship came to the conclusion that the American
              Corporation had been defamed in this country, their claim
     2        would be undefended.  If that is not the defendants'
              position, then they must be prepared to defend what the
     3        leaflet says so far as the American Corporation is
              concerned, which is why this document is a relevant
     4        document.
 
     5   MS. STEEL:   We are defending -- we are defending it on both,
              but the point is that if a leaflet is handed out in
     6        England and that is what is complained of, then I think
              most people who read it would assume it related to that
     7        country, unless it specified otherwise.
 
     8   MR. JUSTICE BELL:  I think all Mr. Rampton is doing is he is
              trying to be helpful.
     9
         MR. RAMPTON:  I am.
    10
         MR. JUSTICE BELL:  Maybe you are right, maybe you are wrong. If
         at the end of the day it turns out you were wrong about
              that, and on the assumption you were right you had failed
    12        to put matters which you would have otherwise put, or you
              failed to call witnesses whom you would have otherwise
    13        called, you will have missed out.  Do you understand?
 
    14   MS. STEEL:   Yes, I understand.  The only reason I brought this
              point up was because Mr. Rampton started talking about
    15        distribution in other countries.  I do think it is
              relevant.
    16
         MR. JUSTICE BELL:  You are aware of the situation?
    17
         MS. STEEL:  Yes, I understand that.
    18
         MR. MORRIS (To the witness):  So, Mr. Wheelock, just on this
    19        chart, bearing in mind the points that have been made to
              you about some of the important items post dating 1990,
    20        1989/1990, do you feel that the McDonald's Corporation,
              which includes this country, has made quite dramatic
         progress in the last few years?
              A.  I would say substantial progress.
    22
         MS. STEEL:  I have a couple of points on this:  Some of the
    23        items that are on this chart are bolded; that represents
              what you can eat at McDonald's?
    24        A.  Yes, my understanding is that the ones that are in
              bold are the ones that you would buy if you went to
    25        McDonald's in the United States.
  
    26   Q.   Unless we look carefully at this chart it could be a 
              little misleading because if, for example, we look at 
    27        breakfast on Friday, we see that three of the items you
              can get at McDonald's, three of them you cannot.  As far
    28        as you know, do McDonald's allow people to bring their own
              cereals and blueberries and toast to eat at breakfast?
    29
         MR. JUSTICE BELL:  You are not suggesting that Friday means
    30        they have had breakfast at McDonald's?