Day 205 - 17 Jan 96 - Page 53


     
     1   MR. JUSTICE BELL:  If you want to rely on her, then you will
     2        call her into the witness box.
     3
     4   MR. RAMPTON:   I am not anyway.  My Lord, the only other thing I
     5        have to mention is the question of nutrition evidence.
     6        I put it like this, in a sense it is a feeble thing to say
     7        but in a sense we are in your Lordship's hands.  It
     8        occurred to us that much of the evidence, most of the
     9        evidence, that has already been given by Professor Wheelock
    10        and Dr. Arnott is already relevant to the issues raised by
    11        the meaning which your Lordship found.
    12
    13        It did occur to us, however, that it might be desirable
    14        (and there is a space in the schedule for it if your
    15        Lordship thought it right) to call somebody, not
    16        necessarily either of those two but somebody else, as it
    17        were, to address directly the separate issues of scientific
    18        fact suggested by your Lordship's meaning.  I would not
    19        want to go about doing that, the time and money that that
    20        costs, if your Lordship thought it was a silly idea,
    21        I would not want to do it, but if it is something that your
    22        Lordship thought would be helpful, and I am bound to say
    23        myself I do believe that it would be helpful, because, in a
    24        sense, the framework, if not the substance, of the case on
    25        nutrition has been altered by the ruling which your
    26        Lordship has found.  It has certainly made this procedural
    27        difference, that we are now dealing in certainties rather
    28        than possibilities, so far as the meaning of the words is
    29        concerned.  Your Lordship might find it of benefit, and
    30        I myself believe that it would be of benefit, to have
    31        somebody address, some scientist, nutritionist, that
    32        meaning directly which, of course, nobody so far has done
    33        because the meaning was not in place.
    34
    35   MR. JUSTICE BELL:  I do not think it appropriate for me to enter
    36        upon that.  If any party wishes to recall one of their
    37        witnesses in order to put to them a categoric question
    38        based upon the meaning as I have held it to be, I am very
    39        willing that they should do so.  If any party feels that
    40        they would like to call an additional witness, then that
    41        witness's potential evidence should be reduced to statement
    42        form and an application should be made for leave to call
    43        them.  I will consider it when that happens, at which time
    44        I will know what the contents of the statement are.  I am
    45        not inviting it, but on either side I will consider any
    46        application which is made.  I will just wait and see, Mr.
    47        Rampton.
    48
    49        If we can carry on to the close without a break, what I
    50        would like to do is see where any party wishes to call 
    51        witnesses whose statements have been served so I can deal 
    52        with the question of leave or not to do so. 
    53
    54        Is there any question over Bath witnesses or have I dealt
    55        with that already?
    56
    57   MR. RAMPTON:   I told your Lordship the order in which I propose
    58        to call them, which was Hendon, Cox and Perrett.  The
    59        statements have been served.
    60

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