Day 082 - 01 Feb 95 - Page 08

     
     1        bluntly says "causes".  Do you understand?
     2
     3   MR. MORRIS:  Yes.
     4
     5   MR. JUSTICE BELL:  Ask any questions you think may be helpful to
     6        you directed at some lesser meaning; for instance, the ones
     7        I canvassed as a possible meaning in my judgment about
     8        "risk of", for instance.  Do you get the point on that?
     9
    10   MR. MORRIS:  I understand, yes.
    11
    12   MR. RAMPTON:  My Lord, perhaps I can offer some help -- I think
    13        it is help.  Perhaps the point is this:  I think our law is
    14        (and if your Lordship requires further help with it, it is
    15        all in the Skewes judgment anyway) that a Defendant is
    16        entitled to justify a different or lesser meaning from that
    17        contended for the Plaintiff.  It must follow from that,
    18        otherwise it would be irrelevant that the Plaintiff is
    19        entitled to damages for that lesser meaning if the Defence
    20        should fail and the court should think that the words bear
         the risk.
    22
    23   MR. JUSTICE BELL:  Yes.  Anyway, you have the point.  Do not
    24        concern yourself about it now because we are still some way
    25        away from nutrition witnesses coming back into the witness
    26        box.  When we come back on Monday, if you want any further
    27        assistance from me on it, ask.
    28
    29   MR. MORRIS:  Yes.
    30
    31   MR. JUSTICE BELL:  Put as simply as I can, do not because of the
    32        amendment just focus on "Is it a cause?"; by all means, if
    33        you choose, ask:  "Is there a risk?"  Do you see what
    34        I mean, as an example only?
    35
    36   MR. MORRIS:  Yes.
    37
    38   MR. JUSTICE BELL:  That is, if anyone is recalled at all.  You
    39        will have to think what evidence you have had so far and
    40        whether you want any more or not.  That is entirely a
         matter for you.
    42
    43   MR. RAMPTON:  My Lord, Professor Crawford has to come back
    44        anyway, but at your Lordship's urging I will continue my
    45        cross-examination.
    46
    47   MR. JUSTICE BELL:  Yes, very well.  Those are the points
    48        I wanted to mention.  It would be helpful, I think,
    49        particularly in relation to discovery of documents, if you
    50        said what particularly you have in mind.  You are not being 
    51        asked to argue it, just to give some definition of the 
    52        areas. 
    53
    54   MR. MORRIS:  No. 1, discovery of documents, "Destruction of the
    55        Environment".  I will not go through each document, but
    56        there was discussion about Brazil in legal argument about
    57        this.  A lot of this comes from the discussion we had
    58        before Christmas which was day 70 (which maybe I can urge
    59        the Plaintiffs to re-read) where they said that they would
    60        be looking into various bits and pieces and, therefore,