Day 242 - 29 Apr 96 - Page 42


     
     1        meaning is not nearly strong enough, though that was
     2        obviously never very likely.
     3
     4        So we held it back.  Of course, as soon as we got the
     5        meaning, we started trying to find people and eventually we
     6        came up with Professor Naismith, but there is no way we are
     7        going to serve his statement or even get it in final form
     8        until after the Court of Appeal.
     9
    10   MR. JUSTICE BELL:  Presumably, Dr. Arnott is available because
    11        there has always been a potential for him to come back.
    12
    13   MR. RAMPTON:  Oh, yes.
    14
    15   MR. JUSTICE BELL:  Whether at your request or the Defendants'
    16        request, if I allowed it.
    17
    18   MR. RAMPTON:  Yes.  I will not say anything about that last
    19        possibility.  But, if your Lordship felt that from either
    20        side and if from, in our submission, therefore, it must be
    21        both, further evidence on cancer were required or were
    22        desirable or were permissible (which is, perhaps, the
    23        correct way of putting it), then I would recall Dr. Arnott
    24        certainly to deal with that who, I am sure, is familiar
    25        with the new material.  But I have not got (and never have
    26        had anybody) to deal with the new aspects of heart
    27        disease.  I offer Professor Naismith, however limited or
    28        circumscribed your Lordship feels he ought to be, or,
    29        alternatively, I will see if Professor Keen knows anything
    30        about it.
    31
    32        Of course, that may cause a delay.  I do not know where
    33        Professor Keen is or what he is doing, even if he knows
    34        anything about it at the moment.
    35
    36        It is the last time I will say it:  In so far as the
    37        Defendants are in a position, with your Lordship's leave,
    38        to extend their case on nutrition further than it is
    39        represented by their written statements or the
    40        evidence-in-chief already given, then by that token I must,
    41        we submit, be allowed the same opportunity by one means or
    42        another.
    43
    44   MR. JUSTICE BELL:  We will resume at 10 past 2.  I would like
    45        you, if you can, at 10 past 2 to tell me whether you are
    46        going to call Dr. Brown -- I think it would be of very
    47        great assistance -- and if you are proposing to ask
    48        Professor Crawford any further questions in-chief when he
    49        comes back, I would like you to tell me what sort of areas
    50        you propose to cover because that might affect my view as 
    51        to whether the Plaintiffs should be given leave to call 
    52        Professor Naismith. 
    53
    54        We are not far off from the end of the case and people have
    55        to be absolutely certain to what further evidence they hope
    56        to adduce on nutrition aspects of the case.
    57
    58        10 past 2.
    59
    60                            (Luncheon adjournment)

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