Day 242 - 29 Apr 96 - Page 32
1 MS. STEEL: I do not think so, but I would not like to say with
2 100 per cent certainty. I particularly would not like to
3 say before we know whether or not Mr. Naismith is going to
4 be allowed to give evidence because ------
5
6 MR. JUSTICE BELL: Yes, we can deal with that, but what I think
7 I do need to know, because it may be relevant as to whether
8 I give leave for Professor Naismith to be called, is,
9 assuming Professor Naismith is not called, suppose he is
10 not on the scene, whom you wish to call or if any of the
11 Plaintiffs's witness who have given evidence ask to be
12 recalled. I am not suggesting that you do want that, but
13 if you do want that, then you have to say.
14
15 MS. STEEL: I am fairly certain that it is just Crawford, Brophy
16 and Campbell. But, as I say, I would not like to be 100
17 per cent certain.
18
19 MR. JUSTICE BELL: Yes.
20
21 MS. STEEL: I mean, there is a possibility with Mr. Brown which
22 partly relates to the argument that we want to put, that
23 because of the Plaintiff's admission there should not be
24 any evidence on heart disease, because their admission has
25 gone the whole way to admitting everything that they have
26 pleaded. We could do that argument after lunch if you
27 wanted us to.
28
29 MR. JUSTICE BELL: What do you mean "admitting everything they
30 have pleaded".
31
32 MS. STEEL: Well, because the Plaintiffs said that they made an
33 admission which removed an issue in the case, and this was
34 something you raised with them at the time they made that
35 submission, that that might ultimately depend on the
36 meaning that you attributed to the leaflet, and Mr. Rampton
37 continued to argue that there was no need for any evidence
38 in relation to heart disease, that it must be the case
39 that, in his own judgment, their admission had gone as far
40 as their pleading in relation to the type of link between
41 diet and heart disease because otherwise the issue had not
42 been removed. So, therefore, if your meaning is within the
43 Plaintiffs' pleaded meaning, it must be covered by the
44 Plaintiff's admission which they say removed an issue.
45 Therefore, evidence is unnecessary.
46
47 MR. JUSTICE BELL: I do not think the meaning as I have held it
48 to be is admitted by anything the Defendants have admitted
49 because there is no admission to the degree of risk.
50
51 Whether I give Mr. Rampton leave to call any fresh evidence
52 relating to heart disease is entirely a different matter,
53 including whether I give him leave to call Professor
54 Naismith. He may persuade me to give him leave but I am
55 not much enchanted by the idea at the moment. I have not
56 heard what he has to say about it.
57
58 You served Mr. Brown a long time ago. You have given
59 notice of his evidence so you can call him if you wish.
60 That is entirely a matter for you. I am not going to debar
