Day 242 - 29 Apr 96 - Page 46


     
     1        lesser meaning."
     2
     3        In relation to the point Mr. Rampton made about a latitude
     4        being extended to us to allow us to ask our witnesses
     5        questions about the nature of the link between diet and
     6        heart disease and diet and cancer as well, I would point
     7        out that this is really turning things right round again,
     8        because at the time the Plaintiffs asked for leave to make
     9        their amendments to their Statement of Claim, and we were
    10        arguing against it because it was an extension of their
    11        case, it was conceded by Mr. Rampton, and I believe it was
    12        in the judgment as well, although I have not checked, that
    13        we would be entitled to call further evidence to deal with
    14        this matter if they were allowed to make their amendments,
    15        which they were, so it is not a question of:  We are being
    16        allowed to ask extra questions because you have decided the
    17        meaning.  It is:  We are being allowed to ask extra
    18        questions because the Plaintiffs chose to change their case
    19        after most of the evidence had already been heard.
    20
    21   MR. JUSTICE BELL:  You are certainly right about that but
    22        I thought it was in relation to both:  It was the amended
    23        pleading of the Plaintiffs' case but then that was
    24        superceded by the meaning which I found which was not what
    25        they pleaded, so obviously the meaning as I defined it had
    26        to supersede what the Defendants had pleaded.
    27
    28        Both of them were more serious than the meaning which you
    29        put in argument.
    30
    31   MS. STEEL:  It is not just a question of what meaning we put in
    32        argument; it is a question of what the Plaintiffs had
    33        pleaded before because, as has been recognised, we are
    34        entitled to try to justify up to the Plaintiffs pleaded
    35        meaning not just what we ourselves have pleaded.  That is
    36        my understanding of the situation, that because the
    37        Plaintiffs were allowed leave to amend, we are therefore
    38        entitled to call evidence to deal with that and obviously
    39        your meaning you have ruled comes within that and therefore
    40        that is something that we would be entitled to ask our
    41        witnesses about.
    42
    43        It was the Plaintiffs' choice to amend their case halfway
    44        through the trial.  We strongly objected at the time.  They
    45        did not have to do it and they cannot now turn around and
    46        moan that we are being allowed to ask our witnesses
    47        questions relating to that.  It is not a mere "accident of
    48        chronology" as Mr. Rampton called it.
    49
    50        Can I say that in relation to our witnesses, I do not have 
    51        Dr. Brown's statement with me and I have not really had 
    52        time to think about what we might want to ask him. 
    53
    54   MR. JUSTICE BELL:  I will assume that you may want to call him
    55        and if I give leave for Professor Naismith to be called,
    56        you can obviously ask him what he makes of his statement.
    57        I think.
    58
    59   MS. STEEL:   Obviously if Professor Naismith is allowed to be
    60        called we will want to ask probably all of our nutrition

Prev Next Index