Day 053 - 22 Nov 94 - Page 38


     
     1        challenged it; whereas we had tried to challenge that on a
     2        number of occasions.
     3
     4        As far as we were concerned, we had to give up in the end
     5        and just treat it as though it was exaggeration and just
     6        ignore it and get on with what was actually pleaded.  I do
     7        not know that there is much more I can say about that.
     8
     9        There is another example last year, when Mr. Rampton was
    10        wanting to bring in further expert evidence, and he said
    11        that we were asserting that there was a relationship
    12        between unsaturated fat and heart disease.  I actually
    13        remembering saying at the time that is not an issue; it is
    14        about total fat and saturated fat.  But Mr. Rampton
    15        repeated it several times.
    16
    17        Then, if you turn to page 37 of 21st December last
    18        year -----
    19
    20   MR. JUSTICE BELL:  Do you want me to look at the transcript?
    21
    22   MS. STEEL:   I will read it, if you want.
    23
    24   MR. JUSTICE BELL:  Is it part of tab 7?
    25
    26   MS. STEEL:   Do you not have the transcripts?
    27
    28   MR. JUSTICE BELL:  Which date is it?
    29
    30   MS. STEEL:  21st December.  It starts on page 37.
    31
    32   MR. JUSTICE BELL:  Yes, I have that.
    33
    34   MS. STEEL:  At the top of page 37, virtually opposite A, it
    35        says:
    36
    37        "Secondly, there is the relationship, if any, between a
    38        diet high in unsaturated fats, et cetera, et cetera and
    39        heart disease.  The Plaintiffs will have an expert
    40        in relation to that and the Defendants either one or two
    41        experts."
    42
    43        I had said that unsaturated fat was not an issue, but the
    44        effect of Mr. Rampton repeating that unsaturated fat was an
    45        issue, it got into the judgment.
    46
    47   MR. RAMPTON:  I want to know where it is said I keep -- I take
    48        this to be a complete misprint.  I do not have a copy of my
    49        skeleton argument, but I take it that that is what it is
    50        taken from. 
    51 
    52   MR. JUSTICE BELL:  You are not making a bad point, in the sense 
    53        that it is there, but I have to say that before this case
    54        ever started I knew quite enough about total fat, saturated
    55        fat and unsaturated fat for me to think that if I said
    56        "unsaturated fat" in that context, it was a slip of the
    57        tongue.
    58
    59   MS. STEEL:  The Plaintiffs had admitted a link between saturated
    60        fat, so it cannot have been saturated fat.

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