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

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