Day 039 - 20 Oct 94 - Page 02

     1                                 Thursday 20th October, 1994.
     3   MS. STEEL:   We apologise for being late.  We spoke to
     4        Dr. Millstone about frequency.  He said, if necessary, he
     5        is prepared to do a further statement about frequency.
     6        Because he had not looked into that, he is not in a
     7        position just to do it off the top of his head.
     9   MR. JUSTICE BELL:  I am going to leave that entirely in your
    10        hands.  That is a matter for you to think about and decide.
    12   MR. MORRIS:  There is one point that is slightly concerning us
    13        from yesterday which is a legal point -- and previous
    14        days.  It was, with respect, the Plaintiffs' view that they
    15        are not under any burden of proof as regards justification
    16        on this subject.  The law, as we understand it, with
    17        respect, is that they are under a burden of proof generally
    18        throughout the case to prove that the words in the fact
    19        sheet are not true, and that we just do not want them to
    20        forget that as we go along.
    22   MR. JUSTICE BELL:  Yes.  I will hear your argument about that at
    23        the end of the case.  Really, all I was saying is that you
    24        have made these specific allegations.  I was just zeroing
    25        in on what we have in the abstract when we come to
    26        specified additives and specified adverse reactions.  But
    27        without being legalistic for the moment, it is thought,
    28        since you have raised those specific allegations, prove it
    29        if you can.  Do you see what I mean?
    31   MR. MORRIS:  Yes.
    33   MR. JUSTICE BELL:  That is all I am saying.  At the end of the
    34        day I may or may not agree.  We have covered it to some
    35        extent already in interlocutory hearings.  At the end of
    36        the day I will hear any extra argument you want to put on
    37        that.  I will go away and I will write a judgment which
    38        will take account of anything you have said and I will come
    39        to whatever conclusion I do.
    41        All I am anxious at the moment, since you are not
    42        represented, is that you should -- I am anxious in case it
    43        crossed your mind, and I do not know that it did, that
    44        these allegations are made as we see them in the abstract,
    45        and it is for Mr. Rampton to prove that they are not
    46        there.  There is no obligation on you to prove them if, at
    47        the end of the day, you want me to hold that one can suffer
    48        those adverse reactions; if one, for instance, drinks a
    49        drink with Sunset Yellow in it or something of that kind.
    51   MR. MORRIS:  Yes. 
    53   MR. JUSTICE BELL:  You have to accept that I am trying to help
    54        you on this.  What you choose to do, once I have raised the
    55        topic, is for you at the end of the day, because I can only
    56        from time to time think aloud less you miss an
    57        opportunity.  Then you have to go away and conduct your
    58        case and adduce what evidence you want to.
    60   MR. MORRIS:  I think it would be helpful as we go through today

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