Day 039 - 20 Oct 94 - Page 36


     
     1        lesson the authors seek to draw?
     2        A.  Yes, clearly. But I mistakenly focused on the figure of
     3        85 patients, which is in the far right-hand column of page
     4        47; but in the second column on page 46 he says he started
     5        with 341 patients from an allergy clinic.  So, this was a
     6        study not of a random cross-section of the population, but
     7        of people who have reported allergies.  Clearly, some
     8        fraction of them appeared to have reacted adversely to
     9        either BHA or BHT or both.
    10
    11   Q.   Is there any more you want to refer to there?  It is three
    12        minutes to one, so we will break off.  Mr. Morris may have
    13        more to ask you about BHA and BHT.  I know not. We have
    14        some compounds to go.  The normal method of taking an
    15        expert through papers, if it is thought important that the
    16        judge should look at them, is that counsel or the party
    17        concerned will refer the witness to specific parts.  That
    18        is not, by and large, happening in this case.
    19
    20        I am not making that comment to get at you, Mr. Morris, but
    21        what I think, again if Mr. Rampton has no suggestion, you
    22        should spend part of the mid-day adjournment with Dr.
    23        Millstone just looking at the remaining topics and asking
    24        him which, if any, of his footnotes you need to refer to.
    25        Is there any objection to that?
    26
    27   MR. RAMPTON:  No, my Lord.
    28
    29   MR. JUSTICE BELL:  It is an exceptional course.  Mr. Morris,
    30        I know you will not just talk about the case generally with
    31        Dr. Millstone.
    32
    33   MR. RAMPTON:  My Lord, I think, in particular, I am very anxious
    34        that Mr. Morris does not go back over anything
    35        that Dr. Millstone has said already.  Let him go forward.
    36
    37   MR. JUSTICE BELL:  Look forward in your statement and talk to
    38        Mr. Morris and Ms. Steel and try and isolate so they can
    39        make a list, or you can, of what, if any, articles are
    40        particularly important for the remaining compounds, so that
    41        we can be a bit more efficient about getting through it.
    42        The position tomorrow:  It really is very important that we
    43        carry on tomorrow.
    44        A.  I believe I can come tomorrow, but if proceedings could
    45        be -- if I could be dealt with before the end of tomorrow,
    46        I would be very grateful -- preferably by lunch-time.
    47
    48   MR. JUSTICE BELL:  If we move on a little more quickly with the
    49        help of the work I hope you will do in the mid-day
    50        adjournment ----- 
    51 
    52   MR. RAMPTON:  I make it clear now -- my mind may change as the 
    53        afternoon progresses -- that it is not my intention to wade
    54        through a lot of papers with Dr. Millstone.  My approach to
    55        Dr. Millstone will be, as your Lordship will see, somewhat
    56        of a different nature, but it will be one or two references
    57        of Professor Walker's that I shall want Dr. Millstone to
    58        look at.  What that means is that were we to complete the
    59        remaining three compounds this afternoon some time, I do
    60        not think there is any serious possibility that we should

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