Day 254 - 22 May 96 - Page 57
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2 MR. JUSTICE BELL: Well, I am not sure that ----
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4 MR. JUSTICE BELL: It may not be 100 per cent proven but I am
5 quite sure they have bias for this.
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7 MR. JUSTICE BELL: It may be this, you see. In fact, it is said
8 as much in some places, that even though there may be
9 really no cogent evidence that if you exceed such and such
10 per cent -- I am not necessarily talking about fat, it
11 particularly so with regard to salt -- even though there
12 may be no evidence that you suffer such and such a risk if
13 you exceed it, there is a possibility that you will, and
14 since you certainly do not need more than that, in fact you
15 need physiologically rather than less, it is only ordinary
16 common sense, there is nothing scientific about it, to
17 suggest that you do not exceed such and such a per cent.
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19 Now, you would like to argue that if it is recommended you
20 do not exceed such and such a per cent, there is a risk if
21 you do. Mr. Arnott, it seems to me, in many respects does
22 not accept that. He says they are largely different
23 considerations and that is why every so often -- it is
24 putting it too strong to say at logger heads -- but each of
25 you are batting on rather different ground.
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27 MS. STEEL: It is not my view. My view is irrelevant, but it is
28 the view of all the bodies that are making the
29 recommendations. They are giving those reasons for those
30 recommendations.
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32 MR. JUSTICE BELL: I have to look at it very carefully but as a
33 witness comes into the box, they all can see what the
34 recommendations are. They may all say, "Well, that is very
35 sensible. It will certainly do no harm and it might do
36 some good, but that is not to establish that there is such
37 and such a risk if you exceed the percentage", and I have
38 not reached any conclusion on this.
39
40 It is certainly an area of the case where I will have to
41 sit down and do a lot of re-reading and rethinking and
42 analysis, no doubt with your help and Mr. Rampton's in due
43 course, but that, I think, is when you say, "it is
44 difficult to get an answer". I think in some instances it
45 is because there is a different approach.
46
47 Anyway, we will have the 5 minutes now and if you can give
48 an indication when we come back, it would be helpful.
49
50 (Short adjournment)
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52 MS. STEEL: I do not know, but I do not have a massive amount
53 left.
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55 MR. JUSTICE BELL: Keep going of course and if you want to take
56 stock a little later, take the time to do it.
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58 MS. STEEL: OK.
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60 (To the witness): Can I just ask this: I missed this out
