Day 032 - 06 Oct 94 - Page 80
1 cancer, just in the context of this case. You may say
2 link has some other meaning apart from cause.
3
4 MS. STEEL: We dispute the word "meal" as well.
5
6 MR. JUSTICE BELL: I know that. Do not worry about that.
7
8 MR. MORRIS: It seems to us, obviously it is crystal clear the
9 discussions about diet and disease, firstly; secondly,
10 that the two are linked, and that can be all possible
11 kinds of links or any possible link. I understand that if
12 the Plaintiffs are upping or trying to up the burden of
13 proof on the link to causal, that is one thing. I think
14 also they are trying to lower -- they are trying to lower
15 the burden.
16
17 MR. JUSTICE BELL: Do not go on any further. Forget the word
18 "meal". I find it at the moment difficult to see the
19 difference between saying, "This kind of diet is linked
20 with cancer" and "This kind of diet causes cancer". At
21 the moment I find it difficult to see what the word "link"
22 can mean, apart from in a causative sense.
23
24 MS. STEEL: I would say that there is obviously quite clearly
25 a difference, and that is exactly why the Plaintiffs want
26 to change their statement of claim.
27
28 MR. JUSTICE BELL: We will come to the argument about that. I
29 do not want to embark on the argument. I am thinking
30 aloud so that when you come to the argument you can meet
31 it, but my main purpose at the moment is that you should
32 not -- you should make the very best use of Dr. Barnard,
33 and not -- I am not suggesting you would -- but I want you
34 to be careful not to limit the scope of his evidence in
35 any way because you are concerned about this application
36 to amend. You may very well find, when Dr. Barnard gets
37 into the witness box, I do not know, that he will say,
38 "I think this kind of diet does cause certain cancers".
39 I do not want you to hold him back from saying that if
40 that is his view. Do you understand?
41
42 MR. MORRIS: Yes.
43
44 MR. JUSTICE BELL: Because he is only going to be over here for
45 a few days, then he will have gone back. I do not want to
46 invite argument, but is there anything you want to say,
47 Mr. Rampton?
48
49 MR. RAMPTON: No, my Lord, not at this stage. I would only say
50 this, and the Defendants should be aware of this in
51 advance of the argument. There are two things I should
52 say. One is, they should go back and look at the way in
53 which I opened this case; they should go even further back
54 and see how the case was presented by me in the Court of
55 Appeal before they start making any submission to your
56 Lordship about being taken by surprise.
57
58 The other thing I would say, which perhaps is more
59 important, just as a plaintiff has an obligation to state
60 in precise terms what he alleges is the true meaning of
