Day 309 - 03 Dec 96 - Page 22


     
     1        alleged.
     2
     3   MR. RAMPTON:  It must bear the vice alleged, and, to put it
     4        another way, it must bear a substantial, if not -- and we
     5        would say it also to be -- if not the dominant role in the
     6        creation of the particular diet of -- and one has to add --
     7        a substantial number of people.  Otherwise, the whole thing
     8        falls apart.  If there is only a couple of people who eat
     9        the food every day, it is really miles away from the
    10        justification.  That is a subsidiary consideration.
    11
    12   MR. MORRIS:  Can I just ask one question?  I am a little bit
    13        unsure what exactly is happening.  You are saying some
    14        things to Mr. Rampton, and he is agreeing.  Is it that you
    15        are putting to him what you are saying his case appears to
    16        be?
    17
    18   MR. JUSTICE BELL:  No.  I am just sorting things out in my mind,
    19        just as when I put things to you or Ms. Steel on occasions
    20        it deteriorated into an argument, but I was not expressing
    21        any view one way or another; I was going through an
    22        exercise which helped me to see things more clearly.
    23
    24   MR. MORRIS:  You are saying some things like a question, which
    25        could be seen as a statement of fact.
    26
    27   MR. JUSTICE BELL:  No, no, no.
    28
    29   MR. MORRIS:  So, nothing that has gone before you are saying
    30        this is a fact, if some people have to eat a substantial
    31        amount of their food -----
    32
    33   MR. JUSTICE BELL:  That may be the conclusion I come to at the
    34        end of the day, but I am not saying it is my conclusion
    35        now; any more than when I put something to you or
    36        Ms. Steel, I was saying -- on occasions I have expressed a
    37        view, I have said that I just cannot accept that.  It has
    38        not happened very often, but I have said it from time to
    39        time.  But in so far as I have said to someone, "Can you
    40        really say that", I am not indicating that I have reached a
    41        certain view; it is my way of getting the argument out in
    42        the open.
    43
    44   MR. MORRIS:  Because, obviously, our case is that some people's
    45        diets have been affected.
    46
    47   MR. JUSTICE BELL:  I understand that.  At the end of the day,
    48        I may conclude that the way I have expressed things either
    49        to you or Mr. Rampton is my view at the end of the day.
    50        But it is not what I am doing at the moment. 
    51 
    52        Just pause a moment, please, Mr. Rampton.  I will take the 
    53        five-minute break there, because that is what I wanted to
    54        ask about your nutrition folder.
    55
    56   MR. RAMPTON:   May I ask what is next?
    57
    58   MR. JUSTICE BELL:  Folder 2, food poisoning; then advertising,
    59        and then animals.
    60

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