Day 051 - 14 Nov 94 - Page 08
1 MR. JUSTICE BELL: I am aware of that but my point is that what
2 I am asking you to do is think about what "linked with"
3 means. Only on Thursday afternoon, for instance -- I have
4 not actually got the reference with me -- Mr. Morris put a
5 question to Mr. Miles which used the word "cause" in
6 relation to -- has anyone got the transcript? If I could
7 be handed it for 10th November, I will probably be able to
8 find it. (Handed) It is on page 22, line 46.
9
10 MR. MORRIS: Was this day 49?
11
12 MR. JUSTICE BELL: No, day 50.
13
14 MR. RAMPTON: That is why I could not find it because it is
15 written as "course". It is quite right, it does say that.
16 Page 22, line 46. "Are you aware that nutritionists have
17 identified, and people concerned with public health and the
18 Health of the Nation pamphlet, that the main" -- it is
19 "course" there but it was definitely "cause" when the
20 question was asked because I made a note at the time,
21 "cause of degenerative diseases in our society, in terms
22 of hundreds of thousands of people -- heart disease,
23 cancer, whatever, obesity, diabetes -- is the problem of
24 over-nutrition, apart from under-nutrition, that people are
25 consuming too much fat, salt and sugar in their diet; are
26 you aware of that?" Then we can see the answer.
27
28 At the moment it occurs to me that "linked with" may
29 entirely depend upon the context in which it is set out,
30 but "linked with" is an entirely imprecise phrase. It is
31 obvious one has to look at the whole of the meaning. So,
32 all I am doing -- I do not want to enter the argument now;
33 it would be very helpful if you set down in writing --
34 Bacon said: "Writing maketh an exact man" -- wherever
35 "linked with" appears, what you say it actually means in
36 other English words.
37
38 MS. STEEL: I can say briefly what we believe, but it is
39 probably better if I save it.
40
41 MR. JUSTICE BELL: Do not say it now. I am not inviting you to
42 say it now. You may have already done this, but what it
43 would be helpful is if you can actually set down in writing
44 what you mean by "linked with" there and what you say
45 "linked with" means in the leaflet.
46
47 MR. MORRIS: Yes. We did not write the leaflet -----
48
49 MR. JUSTICE BELL: If at the end of the day it is "caused" or
50 "gives rise to a risk of" or "causal link", then there we
51 are, but I am not going to make any comment now. I think
52 it would be helpful to you if you approached it from that
53 way and it would certainly be helpful to me so I can see
54 what the competing cases are on the meaning. I know
55 "linked with" is in the leaflet. What I will ask you to
56 do in the course of your submissions (which, of course, you
57 put in any way you want) is I will want to know what
58 "linked with" means in this context.
59
60 MS. STEEL: Okay.
