Day 038 - 19 Oct 94 - Page 53
1 I appreciate that what you want to avoid is going through a
2 vast number of papers. One way of dealing with it is, as
3 Mr. Rampton has suggested, to put what Professor Walker
4 said in relation to each of these compounds to the witness;
5 another is in relation to that matter and the reference to
6 page 9, on page 10, which, in fact, you have already done,
7 is to do say: "Does that paper give us any more precise
8 estimate of frequency or regularity of something of that
9 kind?" If the answer is: "No, I think it was just in
10 general terms", then maybe we can pass on. If the witness
11 says: "Yes, I do think it actually gave us figures or some
12 kind of perspective", then we may need to look at it.
13
14 THE WITNESS: As I tried to indicate earlier on, I think before
15 lunch, I believe that the published estimates of the
16 incidence in intolerance to food additives are highly
17 unreliable. I said this morning that, as far as I can
18 tell, nobody knows what the true incidence is. Therefore,
19 I do not think I have any evidence to provide, and I do not
20 believe anyone else has any evidence to provide, at this
21 stage which can give reliable indications of the frequency
22 of the incidence.
23
24 All we have is a range of numbers in the literature and a
25 range of criticisms of the ways in which those numbers have
26 been generated. In the references that I have reported in
27 my text, I have simply provided evidence to confirm that
28 particular compounds have been shown in a few particular
29 cases to provoke particular symptoms.
30
31 If your Lordship's main focus is on the question of how
32 frequently do those occur, I have an opinion which I have
33 voiced, and part of the opinion is that most opinions are
34 unreliable, but it is very difficult, I think, to make any
35 further progress on that particular matter because I do not
36 think the information exists.
37
38 MR. JUSTICE BELL: I am certainly not reaching a final view on
39 what is most important at this stage. What I do not want
40 you to do is go away and then have it sprung on Mr. Morris
41 and Ms. Steel that I would have been particularly
42 interested in any evidence you could have given about
43 numbers and frequency and you were not asked about it.
44
45 What I suggest is, I will come back at 25 to 4, unless more
46 time is asked for. The course you take is entirely up to
47 you. You have heard what Professor Millstone has said.
48 There is no objection to them talking to Professor
49 Millstone?
50
51 MR. RAMPTON: No, I encourage it.
52
53 MR. MORRIS: Can we give Dr. Millstone the abstract from the
54 pleadings?
55
56 MR. JUSTICE BELL: Take the abstract from the pleadings out. Do
57 you have a copy of the transcript here?
58
59 MR. MORRIS: Yes. I do not think we have the abstract.
60
