Day 052 - 21 Nov 94 - Page 57
1 although that was not our obligation because it was not the
2 Plaintiffs' case.
3
4 So, in effect, the Plaintiffs are creating not more clarity
5 but more confusion; not just today but the rest of the
6 trial and, no doubt, that will be gone into in more detail
7 tomorrow.
8
9 I think the significance of the Plaintiffs' admission on
10 heart disease is something that also needs to be centrally
11 placed. Their admissions during the evidence on the links
12 between diet and cancer are something that are centrally
13 placed in this whole so-called legal argument that they
14 have raised. I think that is all I have to say.
15
16 MR. JUSTICE BELL: In an attempt to help you, because I do not
17 want you to go away thinking something is simple when
18 I myself do not find it simple, at the moment if you just
19 look at tab 3 of the Abstract of Pleadings which is the
20 nutrition tab, I have to say it is not clear to me at the
21 moment what the words in your pleading, the "links between"
22 (that is in the first paragraph), "a relationship between"
23 (that is in the third paragraph) and "an association
24 between" (the penultimate line on that page), and "an
25 association between" at the top of the page -- I will
26 correct that. Forget the last two references for the
27 moment, the bottom of page 2 and the top of page 3. It is
28 not clear to me what the words "the links between" in the
29 first paragraph and the "relationship between" in the third
30 paragraph are, unless they mean "the causal links between"
31 (you see the word I have added) or "a causal relationship
32 between" (and you see I have added the same word). So what
33 I need your assistance on is what those words in your
34 pleading mean, if they do not mean "a causal link" or "a
35 causal relationship".
36
37 I say that this evening because, obviously I will listen to
38 the whole of your argument in full, I may well not find it
39 helpful if you just say the words "the links between" or
40 the words "a relationship between" are perfectly clear and
41 mean what they say. That is not clear to me at the
42 moment. If one inserts "causal" I see immediately what
43 they mean. If I am not to insert "causal" then I would
44 like you to help me by expanding, as I have said on more
45 than one occasion now, expressing it in some other form of
46 ordinary English which makes it quite clear. That is the
47 first thing.
48
49 The second thing which would help me, because it might help
50 me decide the question of the application for leave and, in
51 any event, understand whether I have so far misunderstood
52 your case, if you are prepared to give me some idea of the
53 areas in which, for instance, you think you would wish or
54 might wish to cross-examine Plaintiffs' witnesses further
55 or cross-examine in-chief your own witnesses further, if
56 leave to amend in respect of subparagraph F were given. If
57 you think about that, that may help me to grapple with the
58 application as a whole in any event.
59
60 May I put it another way. If the application for leave to
