Day 242 - 29 Apr 96 - Page 46
1 lesser meaning."
2
3 In relation to the point Mr. Rampton made about a latitude
4 being extended to us to allow us to ask our witnesses
5 questions about the nature of the link between diet and
6 heart disease and diet and cancer as well, I would point
7 out that this is really turning things right round again,
8 because at the time the Plaintiffs asked for leave to make
9 their amendments to their Statement of Claim, and we were
10 arguing against it because it was an extension of their
11 case, it was conceded by Mr. Rampton, and I believe it was
12 in the judgment as well, although I have not checked, that
13 we would be entitled to call further evidence to deal with
14 this matter if they were allowed to make their amendments,
15 which they were, so it is not a question of: We are being
16 allowed to ask extra questions because you have decided the
17 meaning. It is: We are being allowed to ask extra
18 questions because the Plaintiffs chose to change their case
19 after most of the evidence had already been heard.
20
21 MR. JUSTICE BELL: You are certainly right about that but
22 I thought it was in relation to both: It was the amended
23 pleading of the Plaintiffs' case but then that was
24 superceded by the meaning which I found which was not what
25 they pleaded, so obviously the meaning as I defined it had
26 to supersede what the Defendants had pleaded.
27
28 Both of them were more serious than the meaning which you
29 put in argument.
30
31 MS. STEEL: It is not just a question of what meaning we put in
32 argument; it is a question of what the Plaintiffs had
33 pleaded before because, as has been recognised, we are
34 entitled to try to justify up to the Plaintiffs pleaded
35 meaning not just what we ourselves have pleaded. That is
36 my understanding of the situation, that because the
37 Plaintiffs were allowed leave to amend, we are therefore
38 entitled to call evidence to deal with that and obviously
39 your meaning you have ruled comes within that and therefore
40 that is something that we would be entitled to ask our
41 witnesses about.
42
43 It was the Plaintiffs' choice to amend their case halfway
44 through the trial. We strongly objected at the time. They
45 did not have to do it and they cannot now turn around and
46 moan that we are being allowed to ask our witnesses
47 questions relating to that. It is not a mere "accident of
48 chronology" as Mr. Rampton called it.
49
50 Can I say that in relation to our witnesses, I do not have
51 Dr. Brown's statement with me and I have not really had
52 time to think about what we might want to ask him.
53
54 MR. JUSTICE BELL: I will assume that you may want to call him
55 and if I give leave for Professor Naismith to be called,
56 you can obviously ask him what he makes of his statement.
57 I think.
58
59 MS. STEEL: Obviously if Professor Naismith is allowed to be
60 called we will want to ask probably all of our nutrition
