Day 253 - 21 May 96 - Page 04

     
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     2   MR. RAMPTON:  I can ask him that question.
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     4   MR. JUSTICE BELL: Yes.  That may be one thing.  I have not heard
     5        what Mr. Morris or Ms. Steel say, but if you are concerned
     6        with that, what I will call an arid point, it is a focus
     7        point rather than an arid one.
     8
     9   MR. RAMPTON:  That is right.
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    11   MR. JUSTICE BELL:  It may have broad ramifications but it is a
    12        focus point.  That is one thing.  What concerns me is that
    13        you are putting forward -- in fact, I think, the Defendants
    14        were very careful yesterday to direct their questions to
    15        diet generally and cardio-vascular disease, which includes
    16        the references to the COMA Report, and some anyway to the
    17        WHO Report, rather than McDonald's food specifically.  It
    18        was the general considerations that I was prepared to hear
    19        Professor Naismith on.
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         McDonald's food and cardio-vascular disease I was not,
    22        because, quite frankly, I think you had your chance in
    23        1994, but I am interested in these topics generally.
    24        I read quite a lot in papers and magazines about it, I know
    25        quite a lot has happened since 1994, and it was really on
    26        that basis alone that I was prepared to hear Professor
    27        Naismith.
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    29        The parts which I allowed in in his report are diet
    30        generally and cardio-vascular disease as opposed to
    31        McDonald's food, and cardio-vascular disease with the
    32        exception of a phrase or clause in the very last paragraph.
    33
    34   MR. RAMPTON:  As I understand that, I do not believe it is
    35        worthwhile to argue the point, but I do not, with respect,
    36        agree that I had my chance in 1994 because the case has
    37        changed since then.  It has changed in 2 ways:  (1) as to
    38        your Lordship's meaning, which we did not have in 1994, and
    39        since then, of course, it has been the COMA Report.
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    MR. JUSTICE BELL:  I agree with it.  Second, although I did not
    42        expressly say so, I do not agree with the first because
    43        I think the relationship of McDonald's food to
    44        cardio-vascular disease, whether it is a cause of some
    45        lesser relationship has always been in the forum.
    46
    47   MR. RAMPTON:  My Lord, as I say, I do not want to argue that
    48        now, I have argued it before and I know what your
    49        Lordship's views are.
    50 
    51   MR. JUSTICE BELL:  That is the view I have taken and 
    52        I understand there is really no point in arguing it at this 
    53        stage.
    54
    55   MR. RAMPTON:  No, my Lord, I am on, if your Lordship likes to
    56        call it, a narrower point but it is, and I prefer the
    57        second phrase, 'a more focused point', which is this:  what
    58        I am entitled to do as counsel for the Plaintiffs following
    59        a cross-examination which leaves answers or meanings of
    60        answers up in the air.  As I always understood the position