Day 053 - 22 Nov 94 - Page 22


     
     1
     2   MR. JUSTICE BELL:  But there was a possibility that you might
     3        have to show a causal link?
     4
     5   MS. STEEL:  No, we did not realise that we had to do that.
     6
     7        I think it may be helpful if you could turn to my opening
     8        speech?
     9
    10   MR. JUSTICE BELL:  Give me the reference then.
    11
    12   MS. STEEL:  It is Day 2, 29th June.  If you turn to page 8 of
    13        that, line 26, I say:
    14
    15        "I am going on to nutrition now.  Yesterday it was said in
    16        court that the Plaintiffs' experts were going to say that
    17        it was irresponsible to link cancer with diet.  I want to
    18        ask the Plaintiffs whether they are saying does that mean
    19        they consider that the Health Education Authority and the
    20        Cancer Education Co-ordinating Group of UK are
    21        irresponsible, or even McDonald's themselves?"
    22
    23        Then I make reference to some documents.  Again, on the
    24        next page, I talk about a leaflet which talks about the
    25        links between diet and cancer.  Then at line 10:
    26
    27        "On top of this, in McDonald's own publication 'Good Food,
    28        Nutrition and McDonald's', there is a recognition of links
    29        between diet and certain diseases.  I want to read part of
    30        this."
    31
    32        I will not read it again, but it talks about related to
    33        diet.  Then the important point is at line 18:
    34
    35        "Why are we being forced to spend a great deal of time and
    36        energy on proving these links?  Why are the Plaintiffs
    37        calling evidence to contradict what is stated in their own
    38        document?"
    39
    40        If Mr. Rampton did not realise before then that we clearly
    41        thought the case was about links, he should have noticed at
    42        that point and got up and said:  "Well, Ms. Steel is
    43        mistaken.  We accept that there is a link; it is just that
    44        we do not accept that there is a causal link."
    45
    46   MR. JUSTICE BELL:  The point I have been making is from the
    47        bottom of that page and over, in relation to diet and food.
    48
    49   MS. STEEL:   In actual fact, the reason we got into this
    50        argument about the frequency with which customers eat at 
    51        McDonald's was because Mr. Wheelock asserted that people 
    52        did not eat there very often, and so we felt we had to 
    53        counter that.  It was not because it was specifically what
    54        we were relying on in our case.
    55
    56   MR. JUSTICE BELL:  I must say that is not how I read the bottom
    57        of page 9 and the top of page 10.  It is just the point
    58        I was seeking to make to you, that there is or may be a
    59        difference between diet and food, but what you are saying
    60        is that some customers of McDonald's eat quite enough of

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