Day 016 - 22 Jul 94 - Page 63


     
     1        what is in the pleadings.  We did say we wanted to amend
              it and we were told it was not necessary.
     2
         MR. JUSTICE BELL:  What is it you are thinking you might have
     3        to add in relation to additives?
 
     4   MS. STEEL:  There is more detail and more reasoning behind what
              is in Mr. Millstone's statement than we have put in our
     5        pleadings.
 
     6   MR. JUSTICE BELL:  Is that something you can take up with
              Professor Walker?
     7
         MS. STEEL:  Yes, it is.
     8
         MR. RAMPTON:  None of that detail has so far been put.
     9
         MR. JUSTICE BELL:  That may be because you intend to put it to
    10        Professor Walker.
 
    11   MR. RAMPTON:  That is fine.
 
    12   MR. JUSTICE BELL:  If you do then I suggest you do that.  Give
              me an example with regard to monosodium glutamate of the
    13        kind of extra detail you have in mind that you might want
              to put to Professor Walker?
    14
         MS. STEEL:  Rather than going into an example a point made in
    15        Mr. Millstone's statement is that the benefit of the doubt
              is given to the industry rather than the consumer.  I do
    16        not think that is specifically in our pleadings, but that
              is something we want to rely on.  That is our case.
    17
         MR. JUSTICE BELL:  Put that to Professor Walker when you are
    18        putting, to use a colloquialism, the nitty-gritty of your
              case in relation to each specific additive.  If it is a
    19        comment which you wish to make generally with regard to
              additives, introduce it with one of your additives and
    20        your positive case as to that.
 
    21   MR. RAMPTON:  My Lord, that has the additional advantage that
              Professor Walker has served or is still serving on a
    22        number of these committees.
 
    23   MR. JUSTICE BELL:  He has been a member, if I remember, of one
              or other of the panels and, presumably, if he is prepared
    24        to do so, can tell you first hand about their attitude and
              bias one way or the other, if there is one, is.
    25
         MS. STEEL:  If no reliance is being placed -- if we are not 
    26        supposed to ask Mr. Wheelock any questions about what he 
              has put, then should not the plaintiffs have just 
    27        withdrawn his statement so we did not have to bother
              cross-examining on it?
    28
         MR. JUSTICE BELL:  Let me ask Mr. Rampton:  When it comes to
    29        your case on additives, can I, without doing your client
              any disservice, really put out of my mind what this
    30        witness has said about additives and concentrate on
              Professor Walker or not?

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