Day 242 - 29 Apr 96 - Page 33


     
     1        you from calling him.  I certainly do not think there is
     2        any admission by the Plaintiffs that the words in the
     3        leaflet, as I have defined their meaning, are justified by
     4        anything they have actually admitted.
     5
     6   MS. STEEL:  As I understand it, as I see it, within the
     7        nutrition section there are two -- I mean apart from the
     8        fact there is heart disease and cancer, but within, say,
     9        heart disease there are two issues which is about whether
    10        or not there is a link between diet and heart disease, and
    11        what kind of a link it is, and then a separate thing which
    12        is how McDonald's food fits into that.
    13
    14        Obviously, the admission did not relate to how McDonald's
    15        food fits into that but, as I see it, their admission
    16        covered everything up to their pleading in relation to the
    17        links between diet and heart disease and, therefore, if
    18        your meaning is within that, then the admission must cover
    19        your meaning.
    20
    21   MR. JUSTICE BELL:  Adopting your analysis, and subject to
    22        anything to Mr. Rampton or Mr. Morris wants to say, I do
    23        not think anything admitted on behalf of McDonald's admits
    24        how McDonald's food fits into that, to use your words,
    25        and, put another way, I do not think there is any admission
    26        as to the degree of risk, if any, of heart disease from
    27        eating McDonald's food.
    28
    29   MS. STEEL: I would see it as how their food fits into a diet,
    30        i.e. if it is admitted that a high fat diet is causally
    31        linked with heart disease, we then have to look at how
    32        McDonald's foods fits into a high fat diet.
    33
    34   MR. JUSTICE BELL:  I agree, fair enough, but that is still, as
    35        it were, up for argument and what you have to apply your
    36        minds to is whether, among the witnesses whose statements
    37        you have served, you want to call any of them in relation
    38        to that aspect, that second aspect.  I am not going to give
    39        you any guidance on that.  I think it would be
    40        inappropriate for me to do so.  I think you have to decide
    41        whether Mr. Brown helps you, you think on that second
    42        specific, and if you think he does, whether you want to
    43        call him.
    44
    45   MS. STEEL:  The problem is the lack of clarity on the first
    46        specific aspect because ----
    47
    48   MR. JUSTICE BELL:  As I understand it, what is admitted is there
    49        is a causal association between a diet high in fat et
    50        cetera and heart disease, but what is not admitted is what 
    51        the degree of risk, if any, from actually eating food which 
    52        is high in fat is. 
    53
    54   MS. STEEL:  As I see it, that must have been admitted because it
    55        is less than the Plaintiff's pleaded meaning.
    56
    57   MR. JUSTICE BELL:  What you have to do is look again at the
    58        meaning which I gave.  Do not take this as what you must or
    59        must not do because you have to decide for yourselves.
    60

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