Day 200 - 12 Dec 95 - Page 23


     
     1
     2   MR. RAMPTON:  Yes, that is right.
     3
     4   MR. JUSTICE BELL:  Shall we leave it there for the moment?  Is
     5        there anything you want to say now?
     6
     7   MS. STEEL:  Yes.
     8
     9   MR. JUSTICE BELL:  You are under no pressure to say anything
    10        now, but anything you wish to say now, please do, and
    11        I would like to hear from you on Friday when you have had
    12        an opportunity to consider what has been said today.
    13
    14   MS. STEEL:  All right.  Mr. Morris, I think, wants to say
    15        something anyway, but I just want to say we do not accept
    16        any of what Mr. Rampton's interpretation is.  As far we are
    17        concerned, we think he is just desperate to try to stop any
    18        more evidence being heard on this subject because he knows
    19        it is damaging for his clients.
    20
    21        We have said continuously that we want to call Jane Brophey
    22        and we still wish to call Jane Brophey.  The only reason
    23        she was not called was because the Plaintiffs wanted to
    24        change their meaning halfway through the case.  So we did
    25        not want to call her until after that was done.  Then the
    26        whole nutrition issue got shunted back.
    27
    28        We will be recalling Professor Crawford, obviously, because
    29        we did not finish his evidence.  We have not, since your
    30        ruling on the meaning, really had time to consider our
    31        position as regards Dr. Arnott and Dr. Wheelock.
    32        Obviously, we will have to think about that.
    33
    34        I just wanted to ask actually about the position with heart
    35        disease now.  The admission that there is, do we need to
    36        call evidence on the extent of the risk of heart disease?
    37
    38   MR. JUSTICE BELL:  Quite frankly, you know I want to help you to
    39        the extent that you do not overlook some point which may be
    40        significant to me and, on the other hand, I hesitate to
    41        give you advice as to what you should and should not do if
    42        only because if it turns out against your interests I would
    43        not want to feel responsible.  Might I suggest that you
    44        have to grapple with the fact that my meaning refers to the
    45        very real risk that you will suffer cancer.
    46
    47   MS. STEEL:  Yes.
    48
    49   MR. JUSTICE BELL:  So, my present view is that the admission
    50        which has been made about an association between diet high 
    51        in fat etc., and heart disease cannot be taken as any kind 
    52        of admission of a very real risk. 
    53
    54   MS. STEEL:  It was extended to be a causal thing.
    55
    56   MR. JUSTICE BELL:  Yes, I appreciate that but there is a
    57        difference.  It does not, to my mind, amount to an
    58        admission of very real risk.
    59
    60   MS. STEEL:  So the position is that we should serve a notice to

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