Day 252 - 20 May 96 - Page 04
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2 MR. RAMPTON: My Lord, in view of his conclusion I would have
3 submitted that that is inevitable, really.
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5 MR. JUSTICE BELL: I do not think they differ from any figures
6 which we have had--
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8 MS. STEEL: I did notice they were actually based on the
9 percentage figures which are different from the UK ones
10 anyway. I did not check them because I did not think they
11 were parts of evidence to be given.
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13 MR. JUSTICE BELL: I have various figures in various parts of
14 the papers which have various percentages and proportions,
15 and things of that kind. The only point in raising it at
16 this stage is to query whether we should not see what
17 Professor Naismith was working on. If anyone wants to, if
18 you want to suggest to him, well, the figures may be
19 greater or smaller and does that affect his view, then that
20 would be a matter for you if you wish to do that.
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22 MS. STEEL: I mean, we did not prepare on anything apart from
23 heart disease, and the same thing when we sent Professor
24 Naismith's statement to our witnesses we only asked them to
25 comment on the heart disease part. So, for example, we
26 have not dealt with the part about vitamins and minerals.
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28 MR. JUSTICE BELL: No.
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30 MS. STEEL: --and just McDonald's food specifically as well.
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32 MR. MORRIS: What we were hoping to avoid is having to go over
33 at great lengths with Professor Wheeler the contents of
34 McDonald's food and that whole area, really, of McDonald's
35 food, which I think we believe was the intention of you
36 removing--
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38 MR. JUSTICE BELL: It was. I think, stick to the parts which
39 you have just summarised with Professor Naismith. If the
40 other figures come out in cross-examination and he has to
41 rely on them, then there we are.
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43 MR. RAMPTON: I was going to say, my Lord, really it is all a
44 little bit unreal in view of the conclusions which he
45 reaches. Given that he has made some study of the contents
46 of McDonald's food, it is a bit unreal to suppose in the
47 context of this particular case, which is about McDonald's
48 food, that he will not have done any independent thinking
49 of his own about the contents of a McDonald's meal and its
50 place in the diet. If the defendants choose not to
51 cross-examination him about that it is a matter for them,
52 but I propose to rely at the end of this case on the
53 conclusion which he draw so far as heart disease is
54 concerned on the last paragraph of his conclusions.
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56 MR. JUSTICE BELL: Yes, indeed.
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58 MS. STEEL: The second part of the concluding remarks. I mean,
59 I do not know, I was quite confused what about had been
60 allowed in. As far as I was aware it was not anything to
