Day 052 - 21 Nov 94 - Page 33
1 the pages and paragraphs which Mr. Rampton read out and
2 then let me have them back this afternoon, please?
3
4 (Luncheon Adjournment)
5
6 MR. JUSTICE BELL: Yes?
7
8 MR. RAMPTON: My Lord, what I had intended to do, if it is
9 acceptable to your Lordship, is to give your Lordship one
10 or two striking examples from the evidence of the reasons
11 why I say it is simply not credible for the Defendants to
12 assert at this stage in the case that our proposed
13 amendment represents any kind of a change of ground or that
14 they are in any sense taken by surprise by it or unfairly
15 disadvantaged.
16
17 Just to take a very few examples from the evidence given
18 earlier on in the case by Professor Wheelock and by
19 Dr. Arnott, then give your Lordship, at any rate, for
20 Dr. Arnott a list of references in the transcripts, if that
21 be necessary, which I doubt it is. My Lord, may I start
22 with Professor Wheelock with day 16 which was 22nd July and
23 his cross-examination? I should say 22nd July 1994.
24
25 MR. JUSTICE BELL: Just so we are taking it in order -- I am
26 sorry to interrupt you so quickly -- at lunch-time or
27 during the break I had something in my mind about questions
28 about what advice Professor Wheelock would give to a friend
29 or member of a family about going into McDonald's once a
30 day. I think I have traced that to 21st July.
31
32 MR. RAMPTON: If your Lordship has found it, it had not occurred
33 to me, but by all means tell me the references and I will
34 deal with it.
35
36 MR. JUSTICE BELL: I think it may be page 59. I think it was
37 Ms. Steel who was asking the questions at 8.
38
39 MR. RAMPTON: Yes.
40
41 MR. JUSTICE BELL: "In the UK would be people be ill-advised to
42 eat a McDonald's meal every day?" "It depends", etc. Then
43 at the bottom: "As a nutritionist if you sat down with
44 somebody ... would be it right that you would need to say
45 to them something along the lines of: Unless you are very
46 careful balancing the rest of your diet, very careful, you
47 are going to risk your health in the long term". "I think
48 that would be a fair comment, and I would say the same to
49 anybody who decided they wanted to have bacon and eggs for
50 their breakfast every day".
51
52 MR. RAMPTON: Yes. I do not really need to comment on that, I
53 do not believe. So far as I can tell, that portrays a very
54 thorough appreciation of what the issue actually is in this
55 case. When I say "appreciation", I mean by Ms. Steel.
56
57 MR. MORRIS: Can I just say, it is entirely our own fault; we do
58 not have any of our nutritionist witnesses transcripts
59 here.
60
