Day 047 - 07 Nov 94 - Page 17

     
     1        action against companies, which they do from time to time.
     2
     3   Q.   Over advertising?
     4        A.  Yes.  But this is a minority of cases.  Most of the
     5        advertising complaints and cases come through the systems
     6        we have described: the self-regulatory system through the
     7        British Code of Advertising Practice and the television and
     8        radio system through the ITC and Radio Authority.  But
     9        trading standards officers do you have the power, through
    10        the Trade Descriptions Act and other legislation, to take
    11        legal action in court against companies.
    12
    13   MR. JUSTICE BELL:  Do you want a minute or two to think about
    14        where you are?
    15
    16   MS. STEEL:  The problem is that I have got a load of questions
    17        prepared, but then Mr. Miles did not go through quite a
    18        considerable amount of what was in his statement, and I am
    19        kind of a bit stuck.
    20
    MR. JUSTICE BELL:  How long will it take you to go through your
    22        notes and just put ticks against the ones you still have to
    23        ask or cross out the ones which you need not ask?
    24
    25   MS. STEEL: I am not really sure.
    26
    27   MR. JUSTICE BELL:  You see, as you are aware, you certainly do
    28        not have to bring in things which he might have said or put
    29        in his statement but which he has not said.  There is no
    30        point in turning attention to them by asking questions,
    31        because he has not given evidence to that effect.
    32
    33   MS. STEEL:  Anything in his statement, then, will be ignored?
    34
    35   MR. JUSTICE BELL:  Yes.  I will only pay attention to what he
    36        has said in court.  Why not take five minutes or so and do
    37        that, because it may well save time, which is one factor,
    38        and enable you to be more productive, which is another.
    39        How long would it take?
    40
    MS. STEEL: I do not know, to be honest.
    42
    43   MR. JUSTICE BELL:  You see, Mr. Miles' evidence has been in
    44        certain well confined categories, and the fact that he has
    45        not mentioned something and that you have not brought it up
    46        with him does not in any way inhibit you from asking one of
    47        your witnesses about it.
    48
    49   MS. STEEL: Right.
    50 
    51   MR. JUSTICE BELL:  I will break off for about five minutes, and 
    52        then come back and see whether you want more time.  I 
    53        suggest you do what I have just suggested.
    54
    55   MS. STEEL: Thank you.
    56
    57                          (Short adjournment)
    58
    59   MS. STEEL:  Would it be fair to say that advertising,
    60        particularly to children, has been the subject of concern