Day 242 - 29 Apr 96 - Page 33
1 you from calling him. I certainly do not think there is
2 any admission by the Plaintiffs that the words in the
3 leaflet, as I have defined their meaning, are justified by
4 anything they have actually admitted.
5
6 MS. STEEL: As I understand it, as I see it, within the
7 nutrition section there are two -- I mean apart from the
8 fact there is heart disease and cancer, but within, say,
9 heart disease there are two issues which is about whether
10 or not there is a link between diet and heart disease, and
11 what kind of a link it is, and then a separate thing which
12 is how McDonald's food fits into that.
13
14 Obviously, the admission did not relate to how McDonald's
15 food fits into that but, as I see it, their admission
16 covered everything up to their pleading in relation to the
17 links between diet and heart disease and, therefore, if
18 your meaning is within that, then the admission must cover
19 your meaning.
20
21 MR. JUSTICE BELL: Adopting your analysis, and subject to
22 anything to Mr. Rampton or Mr. Morris wants to say, I do
23 not think anything admitted on behalf of McDonald's admits
24 how McDonald's food fits into that, to use your words,
25 and, put another way, I do not think there is any admission
26 as to the degree of risk, if any, of heart disease from
27 eating McDonald's food.
28
29 MS. STEEL: I would see it as how their food fits into a diet,
30 i.e. if it is admitted that a high fat diet is causally
31 linked with heart disease, we then have to look at how
32 McDonald's foods fits into a high fat diet.
33
34 MR. JUSTICE BELL: I agree, fair enough, but that is still, as
35 it were, up for argument and what you have to apply your
36 minds to is whether, among the witnesses whose statements
37 you have served, you want to call any of them in relation
38 to that aspect, that second aspect. I am not going to give
39 you any guidance on that. I think it would be
40 inappropriate for me to do so. I think you have to decide
41 whether Mr. Brown helps you, you think on that second
42 specific, and if you think he does, whether you want to
43 call him.
44
45 MS. STEEL: The problem is the lack of clarity on the first
46 specific aspect because ----
47
48 MR. JUSTICE BELL: As I understand it, what is admitted is there
49 is a causal association between a diet high in fat et
50 cetera and heart disease, but what is not admitted is what
51 the degree of risk, if any, from actually eating food which
52 is high in fat is.
53
54 MS. STEEL: As I see it, that must have been admitted because it
55 is less than the Plaintiff's pleaded meaning.
56
57 MR. JUSTICE BELL: What you have to do is look again at the
58 meaning which I gave. Do not take this as what you must or
59 must not do because you have to decide for yourselves.
60
