Day 038 - 19 Oct 94 - Page 53


     
     1        I appreciate that what you want to avoid is going through a
     2        vast number of papers.  One way of dealing with it is, as
     3        Mr. Rampton has suggested, to put what Professor Walker
     4        said in relation to each of these compounds to the witness;
     5        another is in relation to that matter and the reference to
     6        page 9, on page 10, which, in fact, you have already done,
     7        is to do say:  "Does that paper give us any more precise
     8        estimate of frequency or regularity of something of that
     9        kind?"  If the answer is:  "No, I think it was just in
    10        general terms", then maybe we can pass on.  If the witness
    11        says:  "Yes, I do think it actually gave us figures or some
    12        kind of perspective", then we may need to look at it.
    13
    14   THE WITNESS:  As I tried to indicate earlier on, I think before
    15        lunch, I believe that the published estimates of the
    16        incidence in intolerance to food additives are highly
    17        unreliable.  I said this morning that, as far as I can
    18        tell, nobody knows what the true incidence is.  Therefore,
    19        I do not think I have any evidence to provide, and I do not
    20        believe anyone else has any evidence to provide, at this
    21        stage which can give reliable indications of the frequency
    22        of the incidence.
    23
    24        All we have is a range of numbers in the literature and a
    25        range of criticisms of the ways in which those numbers have
    26        been generated.  In the references that I have reported in
    27        my text, I have simply provided evidence to confirm that
    28        particular compounds have been shown in a few particular
    29        cases to provoke particular symptoms.
    30
    31        If your Lordship's main focus is on the question of how
    32        frequently do those occur, I have an opinion which I have
    33        voiced, and part of the opinion is that most opinions are
    34        unreliable, but it is very difficult, I think, to make any
    35        further progress on that particular matter because I do not
    36        think the information exists.
    37
    38   MR. JUSTICE BELL:  I am certainly not reaching a final view on
    39        what is most important at this stage.  What I do not want
    40        you to do is go away and then have it sprung on Mr. Morris
    41        and Ms. Steel that I would have been particularly
    42        interested in any evidence you could have given about
    43        numbers and frequency and you were not asked about it.
    44
    45        What I suggest is, I will come back at 25 to 4, unless more
    46        time is asked for.  The course you take is entirely up to
    47        you.  You have heard what Professor Millstone has said.
    48        There is no objection to them talking to Professor
    49        Millstone?
    50 
    51   MR. RAMPTON:  No, I encourage it. 
    52 
    53   MR. MORRIS:  Can we give Dr. Millstone the abstract from the
    54        pleadings?
    55
    56   MR. JUSTICE BELL:  Take the abstract from the pleadings out.  Do
    57        you have a copy of the transcript here?
    58
    59   MR. MORRIS:  Yes.  I do not think we have the abstract.
    60

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