Day 016 - 22 Jul 94 - Page 63
1 what is in the pleadings. We did say we wanted to amend
it and we were told it was not necessary.
2
MR. JUSTICE BELL: What is it you are thinking you might have
3 to add in relation to additives?
4 MS. STEEL: There is more detail and more reasoning behind what
is in Mr. Millstone's statement than we have put in our
5 pleadings.
6 MR. JUSTICE BELL: Is that something you can take up with
Professor Walker?
7
MS. STEEL: Yes, it is.
8
MR. RAMPTON: None of that detail has so far been put.
9
MR. JUSTICE BELL: That may be because you intend to put it to
10 Professor Walker.
11 MR. RAMPTON: That is fine.
12 MR. JUSTICE BELL: If you do then I suggest you do that. Give
me an example with regard to monosodium glutamate of the
13 kind of extra detail you have in mind that you might want
to put to Professor Walker?
14
MS. STEEL: Rather than going into an example a point made in
15 Mr. Millstone's statement is that the benefit of the doubt
is given to the industry rather than the consumer. I do
16 not think that is specifically in our pleadings, but that
is something we want to rely on. That is our case.
17
MR. JUSTICE BELL: Put that to Professor Walker when you are
18 putting, to use a colloquialism, the nitty-gritty of your
case in relation to each specific additive. If it is a
19 comment which you wish to make generally with regard to
additives, introduce it with one of your additives and
20 your positive case as to that.
21 MR. RAMPTON: My Lord, that has the additional advantage that
Professor Walker has served or is still serving on a
22 number of these committees.
23 MR. JUSTICE BELL: He has been a member, if I remember, of one
or other of the panels and, presumably, if he is prepared
24 to do so, can tell you first hand about their attitude and
bias one way or the other, if there is one, is.
25
MS. STEEL: If no reliance is being placed -- if we are not
26 supposed to ask Mr. Wheelock any questions about what he
has put, then should not the plaintiffs have just
27 withdrawn his statement so we did not have to bother
cross-examining on it?
28
MR. JUSTICE BELL: Let me ask Mr. Rampton: When it comes to
29 your case on additives, can I, without doing your client
any disservice, really put out of my mind what this
30 witness has said about additives and concentrate on
Professor Walker or not?
