Day 053 - 22 Nov 94 - Page 38
1 challenged it; whereas we had tried to challenge that on a
2 number of occasions.
3
4 As far as we were concerned, we had to give up in the end
5 and just treat it as though it was exaggeration and just
6 ignore it and get on with what was actually pleaded. I do
7 not know that there is much more I can say about that.
8
9 There is another example last year, when Mr. Rampton was
10 wanting to bring in further expert evidence, and he said
11 that we were asserting that there was a relationship
12 between unsaturated fat and heart disease. I actually
13 remembering saying at the time that is not an issue; it is
14 about total fat and saturated fat. But Mr. Rampton
15 repeated it several times.
16
17 Then, if you turn to page 37 of 21st December last
18 year -----
19
20 MR. JUSTICE BELL: Do you want me to look at the transcript?
21
22 MS. STEEL: I will read it, if you want.
23
24 MR. JUSTICE BELL: Is it part of tab 7?
25
26 MS. STEEL: Do you not have the transcripts?
27
28 MR. JUSTICE BELL: Which date is it?
29
30 MS. STEEL: 21st December. It starts on page 37.
31
32 MR. JUSTICE BELL: Yes, I have that.
33
34 MS. STEEL: At the top of page 37, virtually opposite A, it
35 says:
36
37 "Secondly, there is the relationship, if any, between a
38 diet high in unsaturated fats, et cetera, et cetera and
39 heart disease. The Plaintiffs will have an expert
40 in relation to that and the Defendants either one or two
41 experts."
42
43 I had said that unsaturated fat was not an issue, but the
44 effect of Mr. Rampton repeating that unsaturated fat was an
45 issue, it got into the judgment.
46
47 MR. RAMPTON: I want to know where it is said I keep -- I take
48 this to be a complete misprint. I do not have a copy of my
49 skeleton argument, but I take it that that is what it is
50 taken from.
51
52 MR. JUSTICE BELL: You are not making a bad point, in the sense
53 that it is there, but I have to say that before this case
54 ever started I knew quite enough about total fat, saturated
55 fat and unsaturated fat for me to think that if I said
56 "unsaturated fat" in that context, it was a slip of the
57 tongue.
58
59 MS. STEEL: The Plaintiffs had admitted a link between saturated
60 fat, so it cannot have been saturated fat.
