Day 057 - 29 Nov 94 - Page 18


     
     1        other aspects, even if the amendment is allowed, maybe all
     2        of it will be proven, he will say:  "Oh, so what?  It is
     3        only linked, causally linked, in one aspect; it does not
     4        actually trigger the disease".
     5
     6        So, no doubt we shall be hearing more from Mr. Rampton on
     7        that again because he is not clarifying what he means.
     8
     9   MR. JUSTICE BELL:  It is not what he means that the amendment
    10        deals with.  It is what the leaflet means.
    11
    12   MR. MORRIS:  Yes, but it is what he says the leaflet means.
    13
    14   MR. JUSTICE BELL:  I have to say "cause" is a perfectly simple
    15        English word.  You can cause things in a variety of ways.
    16        What Mr. Rampton is saying is that does not necessarily
    17        matter to the reader; it is what he actually gets from the
    18        leaflet.  If he gets from the leaflet that eating
    19        McDonald's meals, or a sufficient number of McDonald's
    20        meals to affect his diet, causes cancer, that is sufficient
    21        measure.  It does not matter in any event just what the
    22        route is.  But the point is anyway we are just dealing with
    23        the meaning of the leaflet at the moment.
    24
    25   MS. STEEL:  If we are just dealing with the meaning of the
    26        leaflet, how does amending the Statement of Claim clarify
    27        the issues in the case?
    28
    29   MR. MORRIS:  The Plaintiffs -----
    30
    31   MR. JUSTICE BELL:  Look, just complete what you want to say in
    32        reply to Mr. Rampton, then I am going to consider
    33        everything which was been said and, in due course, give my
    34        decision with reasons.  I do not want to descend into an
    35        argument with you.  In so far as I have intervened in the
    36        past, you will just have to accept that was with a view to
    37        trying to draw your argument out.  So, if there is anything
    38        more you want to say, say it now.  Then I am going to take
    39        time to consider the matter and, as I have said, give my
    40        decisions and reasons in due course.
    41
    42   MR. MORRIS:  Mr. Rampton also said if somebody eats McDonald's
    43        food, the meaning is, it is probably going to kill you.
    44        So, it is clear to us that their pleadings do not clarify
    45        the issue; that they are trying to imply a wild meaning to
    46        make our job more difficult.
    47
    48        He said that in answer to the request that we made (or we
    49        make) to clarify what he means in his alleged
    50        clarification, he did not have to go into the state of the 
    51        evidence.  We were not asking him to go into the state of 
    52        the evidence.  We are asking for clarification on what they 
    53        say the meaning is.
    54
    55        We do feel that the whole application has been turned
    56        around so that we have been put to burden to justify our
    57        state of mind, and to explain our very detailed pleadings,
    58        and it was helpful for us to explain what we meant by
    59        "link".  In fact, the Plaintiffs who brought this late
    60        amendment four years after their pleadings basically have

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