Day 081 - 31 Jan 95 - Page 02
1 Tuesday, 31st January, 1995.
2
3 MR. RAMPTON: That is Professor Jackson in the witness box.
4 Before I start asking questions, there is a table which
5 came from Scotland I had this morning (which I have given
6 one to the Defendants) to which Professor Jackson may make
7 reference this morning. Mrs. Brinley-Codd has put an
8 indicator on where it should go, behind Professor Jackson's
9 statement.
10
11 MR. JUSTICE BELL: Thank you, yes. I am sorry, I referred to
12 him yesterday as "Dr. Jackson"; I doubt he minds much but
13 it is important to get these titles right. Before
14 Professor Jackson is sworn or affirmed, there is one matter
15 I would like to mention just in case I forget it, which is
16 that I read the BCNZ v. Crush, the New Zealand case, with
17 some interest. It has reminded me that before we come back
18 to any nutrition witnesses and, therefore, really
19 before either side makes any decision on who, if anyone,
20 should be recalled, it might be helpful just to have a few
21 minutes -- it probably will not be more -- to consider what
22 the ramifications of the leave to amend 4F are. I have in
23 mind in that case the Plaintiff opted to stand on the
24 meaning which was pleaded rather than to bat, as it were,
25 as an alternative for any lesser meaning.
26
27 MR. RAMPTON: Yes, I would have to say, I think, that it may
28 require further discussion in due course, my present view
29 would be that that part of Crush does not represent the law
30 of England.
31
32 MR. JUSTICE BELL: No. A reference was made to Slim but not to
33 the part of Slim which would appear to be different to
34 that. I am not wanting to embark on it now, but in case,
35 it having occurred to me, I forget to mention it, I have
36 mentioned it now because, obviously, if it is worth
37 discussing it is worth discussing sometime before any
38 recall actually occurs.
39
40 MR. RAMPTON: Yes, because on one view it would make the recall
41 unnecessary.
42
43 MR. JUSTICE BELL: Yes, either way. There may be one or two
44 things I want to say to the Defendants. Have you actually
45 got a photocopy of that case?
46
47 MS. STEEL: I think that is the one Mr. Rampton gave us.
48
49 MR. RAMPTON: Yes, I did.
50
51 MR. JUSTICE BELL: You have, very well.
52
53 MR. RAMPTON: My Lord, there will in relation to that discussion
54 be other cases besides Slim, I think, in the Court of
55 Appeal more recently which I will make copies of for
56 everybody as the time approaches.
57
58 MR. JUSTICE BELL: If you can at some stage hand Mr. Stiles just
59 a list of what they are, I will look at them in advance.
60
