Day 052 - 21 Nov 94 - Page 57


     
     1        although that was not our obligation because it was not the
     2        Plaintiffs' case.
     3
     4        So, in effect, the Plaintiffs are creating not more clarity
     5        but more confusion; not just today but the rest of the
     6        trial and, no doubt, that will be gone into in more detail
     7        tomorrow.
     8
     9        I think the significance of the Plaintiffs' admission on
    10        heart disease is something that also needs to be centrally
    11        placed.  Their admissions during the evidence on the links
    12        between diet and cancer are something that are centrally
    13        placed in this whole so-called legal argument that they
    14        have raised.  I think that is all I have to say.
    15
    16   MR. JUSTICE BELL:  In an attempt to help you, because I do not
    17        want you to go away thinking something is simple when
    18        I myself do not find it simple, at the moment if you just
    19        look at tab 3 of the Abstract of Pleadings which is the
    20        nutrition tab, I have to say it is not clear to me at the
    21        moment what the words in your pleading, the "links between"
    22        (that is in the first paragraph), "a relationship between"
    23        (that is in the third paragraph) and "an association
    24        between" (the penultimate line on that page), and "an
    25        association between" at the top of the page -- I will
    26        correct that.  Forget the last two references for the
    27        moment, the bottom of page 2 and the top of page 3.  It is
    28        not clear to me what the words "the links between" in the
    29        first paragraph and the "relationship between" in the third
    30        paragraph are, unless they mean "the causal links between"
    31        (you see the word I have added) or "a causal relationship
    32        between" (and you see I have added the same word).  So what
    33        I need your assistance on is what those words in your
    34        pleading mean, if they do not mean "a causal link" or "a
    35        causal relationship".
    36
    37        I say that this evening because, obviously I will listen to
    38        the whole of your argument in full, I may well not find it
    39        helpful if you just say the words "the links between" or
    40        the words "a relationship between" are perfectly clear and
    41        mean what they say.  That is not clear to me at the
    42        moment.  If one inserts "causal" I see immediately what
    43        they mean.  If I am not to insert "causal" then I would
    44        like you to help me by expanding, as I have said on more
    45        than one occasion now, expressing it in some other form of
    46        ordinary English which makes it quite clear.  That is the
    47        first thing.
    48
    49        The second thing which would help me, because it might help
    50        me decide the question of the application for leave and, in 
    51        any event, understand whether I have so far misunderstood 
    52        your case, if you are prepared to give me some idea of the 
    53        areas in which, for instance, you think you would wish or
    54        might wish to cross-examine Plaintiffs' witnesses further
    55        or cross-examine in-chief your own witnesses further, if
    56        leave to amend in respect of subparagraph F were given.  If
    57        you think about that, that may help me to grapple with the
    58        application as a whole in any event.
    59
    60        May I put it another way.  If the application for leave to

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