Day 053 - 22 Nov 94 - Page 20
1 this case to justify the proposition that McDonald's food,
2 whether directly or indirectly, i.e. as a contribution to
3 diet, causes cancer of the breast or cancer of the bowel or
4 cardiovascular disease. Because Mr. Barnard, in a
5 statement made as long ago as 23rd July, said, for
6 instance, on page 2 (and this was brought into his
7 evidence-in-chief, as I remember; correct me if I am wrong
8 about that):
9
10 "As a result of their high content of fat and cholesterol,
11 McDonald's products contribute to heart disease, certain
12 forms of cancer and other diseases."
13
14 He then goes on to use the word "links": "The links between
15 high fat diets and certain diseases are established beyond
16 reasonable doubt."
17
18 So, I had thought that, since he had used the word
19 "contribute" in the previous sentence, that was "causal
20 link".
21
22 MR. RAMPTON: My Lord, one might also usefully draw attention to
23 the first and last pages of Dr. Barnard's second statement.
24
25 MR. JUSTICE BELL: That is helpful, but we will stay on the
26 first one for the moment.
27
28 MS. STEEL: I think the point is that, as I have said, we are
29 not disputing the fact that he has made reference to causal
30 links. I do not think there is any particular need to look
31 at the statement. As I say, I am not disputing that. The
32 point is that we did not set out in our pleaded case, as a
33 result of what Plaintiffs have pleaded in their Statement
34 of Claim, to prove a causal link; we just set out to prove
35 any link. As it happens, our witnesses (some of them) have
36 referred to a causal link, but they have not necessarily
37 concentrated on the causal link.
38
39 MR. JUSTICE BELL: No. I appreciated that. But I do find
40 difficulty with you saying that you have not set out with
41 your witnesses to prove a causal link, because at the
42 moment that seems to me precisely what you have done. It
43 may be that you were doing it with this in mind: "Even if
44 we cannot establish a causal link, we will establish some
45 other kind of link." But it seems to me that you have set
46 out to establish just such a link. You have called
47 Dr. Barnard, who said so in terms; you have called
48 Professor Crawford, who said in his first statement:
49 "There is unanimous agreement worldwide from over 60
50 expert committees that cardiovascular disease is closely
51 and causally related to a diet high in saturated fat."
52 I will come back to the difference between diet and a meal
53 in a moment.
54
55 MS. STEEL: He also did not say "cancer" in that.
56
57 MR. JUSTICE BELL: No, but then when he got to his second
58 statement -----
59
60 MR. MORRIS: Was that Mr. Cannon who said that?
