Day 036 - 13 Oct 94 - Page 42


     
     1        day, indeed, until judgment is delivered.
     2
     3   MR. RAMPTON:  I know.
     4
     5   MR. JUSTICE BELL:  One cannot curtail the area of investigation
     6        on the basis that the meaning is X or Y; is that right,
     7        Mr. Rampton?
     8
     9   MR. RAMPTON:  Of course it is, it is always right in jury cases
    10        it has traditionally been right in judge alone cases.
    11        I believe that in one or two recent cases it has been
    12        suggested -- whether it has happened yet, I do not know --
    13        that because the judge is 13 people rolled into one, it
    14        would not be inappropriate for him to decide the meaning
    15        of the words complained of at the beginning of case or
    16        even before that.
    17
    18   MR. JUSTICE BELL:  I can see advantages in being able to save
    19        time, but what then happens if something crops up during
    20        the eventual trial which might be relevant to what the
    21        meaning was?
    22
    23   MR. RAMPTON:  It might particularly in innuendo cases; that is
    24        always a possibility.
    25
    26   MR. JUSTICE BELL:  I see it may be difficult.
    27
    28   MR. RAMPTON:  It saves time very often but it may be
    29        unnaturally a straitjacket.
    30
    31   MR. JUSTICE BELL:  Anyway, the point is I have done my best not
    32        to restrict the evidence which you call on this point, and
    33        I am not minded to restrict the points which Mr. Rampton
    34        makes.  I have to say that when we have done nutrition and
    35        we are getting on to other factors, it may be easier for
    36        us by agreement (and only by agreement) to limit some of
    37        the evidence or issues which are canvassed.  But that is
    38        just a general comment for everyone to think about.
    39
    40   MR. MORRIS:  I would like to make a brief but centrally
    41        important point.  As far as we are concerned, without any
    42        disrespect to anybody in the court, it seems to us that
    43        the Plaintiffs have accepted our entire case on links
    44        between diet and disease, and to continue the debate they
    45        have continually shifted the goal posts as we are going
    46        through the evidence and, indeed, beforehand, in order to
    47        maintain the depth and the length of their particular
    48        debate.
    49
    50        At the end of the day, OK, we are happy to sit here as 
    51        long as necessary, but it does seem to us that if you 
    52        feel, like you have done with us -- "Where are we going 
    53        Mr. Morris?  This is something that has been gone over
    54        before", or whatever -- I think that the same could apply
    55        to the Plaintiffs if you feel that the goal posts are
    56        shifting, it would be a helpful indication.
    57
    58   MR. JUSTICE BELL:  I do not personally think they are, but
    59        I have not heard argument about it.  So all I am prepared
    60        to say is that I am certainly not at this stage convinced

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