Day 053 - 22 Nov 94 - Page 20


     
     1        this case to justify the proposition that McDonald's food,
     2        whether directly or indirectly, i.e. as a contribution to
     3        diet, causes cancer of the breast or cancer of the bowel or
     4        cardiovascular disease.  Because Mr. Barnard, in a
     5        statement made as long ago as 23rd July, said, for
     6        instance, on page 2 (and this was brought into his
     7        evidence-in-chief, as I remember; correct me if I am wrong
     8        about that):
     9
    10        "As a result of their high content of fat and cholesterol,
    11        McDonald's products contribute to heart disease, certain
    12        forms of cancer and other diseases."
    13
    14        He then goes on to use the word "links": "The links between
    15        high fat diets and certain diseases are established beyond
    16        reasonable doubt."
    17
    18        So, I had thought that, since he had used the word
    19        "contribute" in the previous sentence, that was "causal
    20        link".
    21
    22   MR. RAMPTON:  My Lord, one might also usefully draw attention to
    23        the first and last pages of Dr. Barnard's second statement.
    24
    25   MR. JUSTICE BELL:  That is helpful, but we will stay on the
    26        first one for the moment.
    27
    28   MS. STEEL:  I think the point is that, as I have said, we are
    29        not disputing the fact that he has made reference to causal
    30        links.  I do not think there is any particular need to look
    31        at the statement.  As I say, I am not disputing that.  The
    32        point is that we did not set out in our pleaded case, as a
    33        result of what Plaintiffs have pleaded in their Statement
    34        of Claim, to prove a causal link; we just set out to prove
    35        any link.  As it happens, our witnesses (some of them) have
    36        referred to a causal link, but they have not necessarily
    37        concentrated on the causal link.
    38
    39   MR. JUSTICE BELL:  No.  I appreciated that.  But I do find
    40        difficulty with you saying that you have not set out with
    41        your witnesses to prove a causal link, because at the
    42        moment that seems to me precisely what you have done.  It
    43        may be that you were doing it with this in mind:  "Even if
    44        we cannot establish a causal link, we will establish some
    45        other kind of link."  But it seems to me that you have set
    46        out to establish just such a link.  You have called
    47        Dr. Barnard, who said so in terms; you have called
    48        Professor Crawford, who said in his first statement:
    49        "There is unanimous agreement worldwide from over 60
    50        expert committees that cardiovascular disease is closely 
    51        and causally related to a diet high in saturated fat." 
    52        I will come back to the difference between diet and a meal 
    53        in a moment.
    54
    55   MS. STEEL:  He also did not say "cancer" in that.
    56
    57   MR. JUSTICE BELL:  No, but then when he got to his second
    58        statement -----
    59
    60   MR. MORRIS:  Was that Mr. Cannon who said that?

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