Day 059 - 01 Dec 94 - Page 21

     
     1        A.  Around 80 per cent, 82 per cent.
     2
     3   Q.   What I was going to ask you was this:  I suppose from time
     4        to time a restaurant will run out of the supplies of
     5        leaflets, the ones that are put in the restaurant?
     6        A.  Yes, they could do.
     7
     8   Q.   What happens next?  How is it ensured that there is a
     9        constant supply, if indeed it is ensured, in the
    10        restaurants?
    11        A.  The Communications Department is responsible for
    12        ensuring that the distribution centres have a constant
    13        supply of leaflets.  The distribution centres are
    14        responsible for making sure the restaurants have a constant
    15        supply of leaflets.  But it is possible if there were heavy
    16        demand that from time to time a restaurant could run out of
    17        leaflets.  In that event, they would normally try to borrow
    18        leaflets from another restaurant to tied them over until
    19        they get a delivery.
    20
    Q.   Is the appearance for the provision of these leaflets in
    22        the restaurant a matter of choice for the manager or is he,
    23        as it were, persuaded or compelled by the company?
    24        A.  He is obligated to keep a supply of leaflets in the
    25        restaurant.
    26
    27   Q.   What about the franchisee, what is his position?
    28        A.  He is also obligated to keep a supply in the restaurant
    29        and, in fact, wants to.
    30
    31   Q.   Can you just turn over now, please, to tab 10?  Information
    32        for the customer with diabetes.  That is 1986 and then
    33        there is a similar document in tab 11 for 1989, and a
    34        similar one in tab 12 for 1991.  Do you see that?
    35        A.  Yes, I do.
    36
    37   Q.   Do you know the availability of these diabetic information
    38        leaflets?
    39        A.  Not directly; all of these are before my time.
    40
    Q.   Yes, I see.
    42
    43   MR. RAMPTON:  My Lord, I think at this stage it is appropriate
    44        I tell your Lordship something (which, if necessary, we can
    45        get evidence about, but I doubt it will be) which I did not
    46        know at the time and which produces something of a comical
    47        result:  Your Lordship may remember that when Professor
    48        Keen was giving evidence I showed him an American diabetic
    49        leaflet which he described, I think, as incomprehensible.
    50        I then showed him these British ones and he said he thought 
    51        they were excellent.  I did not know then, but do know now, 
    52        that, in fact, it was Professor Keen who advised on the 
    53        content of these leaflets, so that it may be that his
    54        answer "they were excellent" is not altogether surprising;
    55        I thought your Lordship ought to know that.
    56
    57   MR. JUSTICE BELL:  Thank you for letting me know.  One wonders
    58        if he was shown the American one to give him some idea of
    59        what was required and thought he could do rather better.
    60