Day 242 - 29 Apr 96 - Page 42
1 meaning is not nearly strong enough, though that was
2 obviously never very likely.
3
4 So we held it back. Of course, as soon as we got the
5 meaning, we started trying to find people and eventually we
6 came up with Professor Naismith, but there is no way we are
7 going to serve his statement or even get it in final form
8 until after the Court of Appeal.
9
10 MR. JUSTICE BELL: Presumably, Dr. Arnott is available because
11 there has always been a potential for him to come back.
12
13 MR. RAMPTON: Oh, yes.
14
15 MR. JUSTICE BELL: Whether at your request or the Defendants'
16 request, if I allowed it.
17
18 MR. RAMPTON: Yes. I will not say anything about that last
19 possibility. But, if your Lordship felt that from either
20 side and if from, in our submission, therefore, it must be
21 both, further evidence on cancer were required or were
22 desirable or were permissible (which is, perhaps, the
23 correct way of putting it), then I would recall Dr. Arnott
24 certainly to deal with that who, I am sure, is familiar
25 with the new material. But I have not got (and never have
26 had anybody) to deal with the new aspects of heart
27 disease. I offer Professor Naismith, however limited or
28 circumscribed your Lordship feels he ought to be, or,
29 alternatively, I will see if Professor Keen knows anything
30 about it.
31
32 Of course, that may cause a delay. I do not know where
33 Professor Keen is or what he is doing, even if he knows
34 anything about it at the moment.
35
36 It is the last time I will say it: In so far as the
37 Defendants are in a position, with your Lordship's leave,
38 to extend their case on nutrition further than it is
39 represented by their written statements or the
40 evidence-in-chief already given, then by that token I must,
41 we submit, be allowed the same opportunity by one means or
42 another.
43
44 MR. JUSTICE BELL: We will resume at 10 past 2. I would like
45 you, if you can, at 10 past 2 to tell me whether you are
46 going to call Dr. Brown -- I think it would be of very
47 great assistance -- and if you are proposing to ask
48 Professor Crawford any further questions in-chief when he
49 comes back, I would like you to tell me what sort of areas
50 you propose to cover because that might affect my view as
51 to whether the Plaintiffs should be given leave to call
52 Professor Naismith.
53
54 We are not far off from the end of the case and people have
55 to be absolutely certain to what further evidence they hope
56 to adduce on nutrition aspects of the case.
57
58 10 past 2.
59
60 (Luncheon adjournment)
