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     1        further evidence.
     2
     3   MR. JUSTICE BELL:  Right.  The second point is this, then.  If
     4        you are contemplating seeking leave to call further
     5        evidence, it is obviously very important that it is served
     6        as soon as possible.
     7
     8   MR. RAMPTON:  I quite agree, but the same goes for both sides.
     9
    10   MR. JUSTICE BELL:  I have not had it suggested at the moment
    11        that there is going to be evidence beyond that already
    12        served by the Defendants because some of their witnesses
    13        who were served nearly 3 years ago, or very a considerable
    14        time ago, dealt with heart disease, but were not actually
    15        called.
    16
    17   MR. RAMPTON:  That is right.
    18
    19   MR. JUSTICE BELL:  Because of what the Defendants say their
    20        understanding was of the admission.  I am not going to
    21        enter into the rights and wrongs of that, but the fact is
    22        there were witnesses who were not called.  Ms. Steel and
    23        Mr. Morris have not suggested to me that they want to call
    24        other and further witnesses; maybe they will.  But they
    25        have not at the moment.  But what they are facing is having
    26        to make a decision of which of those witnesses, whose
    27        statements have been served.  They should now call, if any.
    28
    29   MR. RAMPTON:  I quite agree, with respect, and that is what, in
    30        effect, we have done.  Having taken our admission into
    31        account, calculated what its effect is.  Having looked at
    32        your Lordship's meaning, we thought it appropriate to
    33        contemplate asking your Lordship for leave to call further
    34        evidence, simply because we did not have a witness on this
    35        question.
    36
    37        What I may, with respect, suggest the Defendants might do
    38        is to save themselves.   We had two witnesses, I think it
    39        was, on heart.  One was Dr. Ryan and Dr. Brian and say to
    40        those witnesses, if they are still in touch with
    41        them: "Look, here is the judge's meaning.  This is the
    42        Plaintiffs admission.  Is there anything you want to add to
    43        what you have already said, in the light of that
    44        information?"  The matter, as it were, resurrected itself
    45        simply because of the oddity, not I am saying an unhappy
    46        one by any means at all, but because of the oddity  that
    47        your Lordship has made a ruling on a meaning halfway
    48        through the trial, after the nutrition evidence has been
    49        given.
    50 
    51   MR. JUSTICE BELL:  When are you contemplating producing a 
    52        statement of a completely new witness? 
    53
    54   MR. RAMPTON:  Very shortly.
    55
    56   MR. JUSTICE BELL:  But when, because you mentioned it very many
    57        weeks ago and I do not mind saying I kept very quiet
    58        because I might not have been wildly attracted by the
    59        prospect of a completely new medical witness.
    60
 
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