Day 254 - 22 May 96 - Page 57


     
     1
     2   MR. JUSTICE BELL:  Well, I am not sure that ----
     3
     4   MR. JUSTICE BELL: It may not be 100 per cent proven but I am
     5        quite sure they have bias for this.
     6
     7   MR. JUSTICE BELL:  It may be this, you see.  In fact, it is said
     8        as much in some places, that even though there may be
     9        really no cogent evidence that if you exceed such and such
    10        per cent -- I am not necessarily talking about fat, it
    11        particularly so with regard to salt -- even though there
    12        may be no evidence that you suffer such and such a risk if
    13        you exceed it, there is a possibility that you will, and
    14        since you certainly do not need more than that, in fact you
    15        need physiologically rather than less, it is only ordinary
    16        common sense, there is nothing scientific about it, to
    17        suggest that you do not exceed such and such a per cent.
    18
    19        Now, you would like to argue that if it is recommended you
    20        do not exceed such and such a per cent, there is a risk if
    21        you do.  Mr. Arnott, it seems to me, in many respects does
    22        not accept that.  He says they are largely different
    23        considerations and that is why every so often -- it is
    24        putting it too strong to say at logger heads -- but each of
    25        you are batting on rather different ground.
    26
    27   MS. STEEL:  It is not my view.  My view is irrelevant, but it is
    28        the view of all the bodies that are making the
    29        recommendations.  They are giving those reasons for those
    30        recommendations.
    31
    32   MR. JUSTICE BELL:  I have to look at it very carefully but as a
    33        witness comes into the box, they all can see what the
    34        recommendations are.  They may all say, "Well, that is very
    35        sensible.  It will certainly do no harm and it might do
    36        some good, but that is not to establish that there is such
    37        and such a risk if you exceed the percentage", and I have
    38        not reached any conclusion on this.
    39
    40        It is certainly an area of the case where I will have to
    41        sit down and do a lot of re-reading and rethinking and
    42        analysis, no doubt with your help and Mr. Rampton's in due
    43        course, but that, I think, is when you say, "it is
    44        difficult to get an answer".  I think in some instances it
    45        is because there is a different approach.
    46
    47        Anyway, we will have the 5 minutes now and if you can give
    48        an indication when we come back, it would be helpful.
    49
    50                       (Short adjournment) 
    51 
    52   MS. STEEL:   I do not know, but I do not have a massive amount 
    53        left.
    54
    55   MR. JUSTICE BELL: Keep going of course and if you want to take
    56        stock a little later, take the time to do it.
    57
    58   MS. STEEL:   OK.
    59
    60        (To the witness):  Can I just ask this: I missed this out

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