Day 242 - 29 Apr 96 - Page 32


     
     1   MS. STEEL:   I do not think so, but I would not like to say with
     2        100 per cent certainty.  I particularly would not like to
     3        say before we know whether or not Mr. Naismith is going to
     4        be allowed to give evidence because ------
     5
     6   MR. JUSTICE BELL:  Yes, we can deal with that, but what I think
     7        I do need to know, because it may be relevant as to whether
     8        I give leave for Professor Naismith to be called, is,
     9        assuming Professor Naismith is not called, suppose he is
    10        not on the scene, whom you wish to call or if any of the
    11        Plaintiffs's witness who have given evidence ask to be
    12        recalled.  I am not suggesting that you do want that, but
    13        if you do want that, then you have to say.
    14
    15   MS. STEEL:  I am fairly certain that it is just Crawford, Brophy
    16        and Campbell.  But, as I say, I would not like to be 100
    17        per cent certain.
    18
    19   MR. JUSTICE BELL:  Yes.
    20
    21   MS. STEEL:  I mean, there is a possibility with Mr. Brown which
    22        partly relates to the argument that we want to put, that
    23        because of the Plaintiff's admission there should not be
    24        any evidence on heart disease, because their admission has
    25        gone the whole way to admitting everything that they have
    26        pleaded.   We could do that argument after lunch if you
    27        wanted us to.
    28
    29   MR. JUSTICE BELL:  What do you mean "admitting everything they
    30        have pleaded".
    31
    32   MS. STEEL:   Well, because the Plaintiffs said that they made an
    33        admission which removed an issue in the case, and this was
    34        something you raised with them at the time they made that
    35        submission, that that might ultimately depend on the
    36        meaning that you attributed to the leaflet, and Mr. Rampton
    37        continued to argue that there was no need for any evidence
    38        in relation to heart disease, that it must be the case
    39        that, in his own judgment, their admission had gone as far
    40        as their pleading in relation to the type of link between
    41        diet and heart disease because otherwise the issue had not
    42        been removed.  So, therefore, if your meaning is within the
    43        Plaintiffs' pleaded meaning, it must be covered by the
    44        Plaintiff's admission which they say removed an issue.
    45        Therefore, evidence is unnecessary.
    46
    47   MR. JUSTICE BELL:  I do not think the meaning as I have held it
    48        to be is admitted by anything the Defendants have admitted
    49        because there is no admission to the degree of risk.
    50 
    51        Whether I give Mr. Rampton leave to call any fresh evidence 
    52        relating to heart disease is entirely a different matter, 
    53        including whether I give him leave to call Professor
    54        Naismith.  He may persuade me to give him leave but I am
    55        not much enchanted by the idea at the moment. I have not
    56        heard what he has to say about it.
    57
    58        You served Mr. Brown a long time ago.  You have given
    59        notice of his evidence so you can call him if you wish.
    60        That is entirely a matter for you.  I am not going to debar

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