Day 048 - 08 Nov 94 - Page 53


     
     1   MR. RAMPTON: My Lord, I think that may not be right. I would not
     2        want Your Lordship to assume that. I believe, we may be
     3        able to get some evidence on this if it is interesting
     4        enough, there are some continental countries as one might
     5        expect where you can get a beer or a glass of wine. I don't
     6        know if you know about that?
     7        A.  Yes, you can. You can in Sweden, I think.
     8
     9   Q.   Now, a question arising, Mr. Hawkes, perhaps it is not a
    10        terribly important point, but do you remember... have you
    11        got the yellow volume?  It is a slim one - six.
    12
    13   MR. JUSTICE BELL: It is the one with your statement in,
    14        Mr. Hawkes.
    15
    16   MR. RAMPTON: Your statement I think is in the same tab as
    17        Mr. Hayden's, which is tab 1.  Can you turn to the second
    18        page of your statement please, in tab 1 and look at
    19        paragraph 5, and do you see that subject to the following
    20        minor amendments you say that you endorse all comments made
    21        by Michael Hayden in his statement.  You came late to the
    22        case because Mr. Hayden left the company?
    23        A.  That is right.
    24
    25   Q.   Can you turn to Mr. Hayden's statement, at the third page.
    26        I am afraid I do not have bundle numbers on them - page six
    27        of the bundle at the bottom and look at paragraph nine.
    28        This relates to the number of new commercials, new
    29        television commercials.
    30
    31   MS. STEEL: I do not think this actually came up in
    32        cross-examination?
    33
    34   MR. JUSTICE BELL: Let's see whether it does and then if----
    35
    36   MR. RAMPTON: Yes, My Lord, it does come out of cross
    37        examination. Mr. Morris, tried I thought somewhat unfairly,
    38        to suggest the only area covered by Mr. Hawkes in relation
    39        to amounts of advertising was percentages of advertising
    40        budget as applied between adults and children. I sought to
    41        intervene at that time. Your Lordship, no doubt quite
    42        properly as it were, sat me down and so I come back to it.
    43
    44   MS. STEEL: This has no bearing on the number of advertisements
    45        shown.
    46
    47   MR. JUSTICE BELL: I thought we had actually -- no, that may be
    48        so, but we have actually touched on this, have we not?
    49
    50   MR. RAMPTON: I do not remember Mr. Hawkes touching on it in his 
    51        evidence in chief. It arises directly out of the suggestion 
    52        Mr. Morris put in cross-examination. 
    53
    54   MS. STEEL: We asked Mr. Green about this area. We did not ask
    55        Mr. Hawkes about it at all.
    56
    57   MR. RAMPTON: Mr. Morris brought it out directly by proposing to
    58        Mr. Hawkes quite wrongly and as I said at the time quite
    59        unfairly, that this was the only measure, as it were, of
    60        numbers of advertisements to which he referred in his

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