Day 053 - 22 Nov 94 - Page 44
1 sure about the sugar so far as obesity, and the salt too,
2 but stick with fat and fibre; total fat and low fibre."
3
4 So, clearly, Mr. Rampton was agreeing there with our case
5 as pleaded. In the light of that, we would apply for that
6 section of the case to be closed on the grounds that it
7 should be treated as a formal admission by the Plaintiffs,
8 in the same way as their written admission was made in
9 respect of heart disease.
10
11 MR. RAMPTON: My Lord, might I invite your Lordship to start on
12 page 9 at line 55 so as to put this passage in context?
13
14 MR. JUSTICE BELL: Let me read into it, then I will read on down
15 the page. Yes?
16
17 MS. STEEL: Clearly, there is an admission there of what is
18 currently pleaded.
19
20 MR. JUSTICE BELL: Is there anything more for you to say in
21 relation to F, either you or Mr. Morris?
22
23 MS. STEEL: I think there probably is, because I have notes in
24 my notebook, but if I could just have a look through them?
25
26 MR. JUSTICE BELL: Just sit down and have a look through those.
27 I will not leave court.
28
29 MR. MORRIS: There is just one thing that in passing Mr. Rampton
30 mentioned yesterday, that he said no evidence was given
31 about cravings, although I seem to recall that there seemed
32 to be something of common sense.
33
34 MR. JUSTICE BELL: What happened there was you chose not to ask
35 a witness who had something about that -- was that
36 Mr. Cox?
37
38 MR. MORRIS: Yes, but -----
39
40 MR. JUSTICE BELL: Because you took the view that in craving you
41 were not talking of some special medical condition, you
42 were just talking about people having a strong desire to
43 have that kind of food, and that was a matter of ordinary
44 experience and judgment rather than specialist evidence; is
45 that right?
46
47 MR. MORRIS: It may be partially to do with that, I am not sure,
48 but also because Mr. Cox anyway is not a qualified
49 nutritionist. But, from my recollection -- we cannot find
50 it here -- Dr. Barnard's evidence said something to the
51 effect of that kind of diet is -- I cannot find it now.
52
53 MR. JUSTICE BELL: You are just marking the fact that there is
54 something in there about that?
55
56 MR. MORRIS: Yes.
57
58 MR. JUSTICE BELL: Just let Ms. Steel check her notes. Then
59 before you finish on F, I want you to tell me what you
60 would argue in due course, the part of the leaflet which
