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