Day 053 - 22 Nov 94 - Page 44


     
     1        sure about the sugar so far as obesity, and the salt too,
     2        but stick with fat and fibre; total fat and low fibre."
     3
     4        So, clearly, Mr. Rampton was agreeing there with our case
     5        as pleaded.  In the light of that, we would apply for that
     6        section of the case to be closed on the grounds that it
     7        should be treated as a formal admission by the Plaintiffs,
     8        in the same way as their written admission was made in
     9        respect of heart disease.
    10
    11   MR. RAMPTON:  My Lord, might I invite your Lordship to start on
    12        page 9 at line 55 so as to put this passage in context?
    13
    14   MR. JUSTICE BELL:  Let me read into it, then I will read on down
    15        the page.  Yes?
    16
    17   MS. STEEL:  Clearly, there is an admission there of what is
    18        currently pleaded.
    19
    20   MR. JUSTICE BELL:  Is there anything more for you to say in
    21        relation to F, either you or Mr. Morris?
    22
    23   MS. STEEL:   I think there probably is, because I have notes in
    24        my notebook, but if I could just have a look through them?
    25
    26   MR. JUSTICE BELL:  Just sit down and have a look through those.
    27        I will not leave court.
    28
    29   MR. MORRIS:  There is just one thing that in passing Mr. Rampton
    30        mentioned yesterday, that he said no evidence was given
    31        about cravings, although I seem to recall that there seemed
    32        to be something of common sense.
    33
    34   MR. JUSTICE BELL:  What happened there was you chose not to ask
    35        a witness who had something about that -- was that
    36        Mr. Cox?
    37
    38   MR. MORRIS:  Yes, but -----
    39
    40   MR. JUSTICE BELL:  Because you took the view that in craving you
    41        were not talking of some special medical condition, you
    42        were just talking about people having a strong desire to
    43        have that kind of food, and that was a matter of ordinary
    44        experience and judgment rather than specialist evidence; is
    45        that right?
    46
    47   MR. MORRIS:  It may be partially to do with that, I am not sure,
    48        but also because Mr. Cox anyway is not a qualified
    49        nutritionist.  But, from my recollection -- we cannot find
    50        it here -- Dr. Barnard's evidence said something to the 
    51        effect of that kind of diet is -- I cannot find it now. 
    52 
    53   MR. JUSTICE BELL:  You are just marking the fact that there is
    54        something in there about that?
    55
    56   MR. MORRIS:  Yes.
    57
    58   MR. JUSTICE BELL:  Just let Ms. Steel check her notes.  Then
    59        before you finish on F, I want you to tell me what you
    60        would argue in due course, the part of the leaflet which

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