Day 097 - 06 Mar 95 - Page 19

     
     1        that very often after such a witness or witnesses have been
     2        cross-examined, it becomes apparent to the other side, the
     3        cross-examining side, that they do not actually have to
     4        call any evidence at all on that particular topic.  One
     5        knows that well from experience, that it will often turn
     6        out that cross-examination shows that there is so little
     7        left of any real issue that it is not necessary to call any
     8        evidence by way of rebuttal.
     9
    10   MR. MORRIS:  I am a little bit unhappy about the way this
    11        discussion is going.
    12
    13   MR. JUSTICE BELL:  It is not going anywhere at the moment.  It
    14        is just thinking aloud really.
    15
    16   MR. MORRIS:  May I make some points?
    17
    18   MR. JUSTICE BELL:  Yes.
    19
    20   MR. MORRIS:  First of all, the Plaintiffs are suing in the
         employment section over some matters which are so obviously
    22        common sense that it could even be -- I mean, any Plaintiff
    23        in this country can sue anybody for anything.  If they have
    24        enough money, they can do that and win a verdict.  In this
    25        case we have fought the writ.  An example is low pay.  The
    26        Plaintiffs' position is low pay compared to what, which
    27        could be exactly our point.  If it is low pay compared to
    28        what, why are they allowed to sue over it, because it is a
    29        matter of fair comment.
    30
    31   MR. JUSTICE BELL:  Yes, but we do not need a great deal of
    32        evidence in relation to that.
    33
    34   MR. MORRIS:  You would think so, yes.
    35
    36   MR. JUSTICE BELL:  No.  I would not have thought you needed a
    37        great deal on either side.
    38
    39   MR. MORRIS:  Yes.  If the -----
    40
    MR. JUSTICE BELL:  I mean, I would have thought, if you picked
    42        that as an example, the rates which McDonald's have paid
    43        certain categories of employees at certain times could be
    44        agreed; if they cannot be agreed, then evidence, short
    45        evidence, could be called on either side in relation to
    46        that, and some relatively short evidence as to what
    47        employees in comparable work were paid at the same time so
    48        that it could be seen if McDonald's was low.
    49
    50   MR. MORRIS:  We are not comparing it necessarily with comparable 
    51        work.  We are comparing it with a decent wage that someone 
    52        should expect as a right. 
    53
    54   MR. JUSTICE BELL:  All right, something on that, but I would
    55        have thought that is about two days evidence.  I mean, one
    56        has been involved in cases where what some person might or
    57        what the value of their work is in certain situations and,
    58        in fact, even with vigorous argument, it is normally got
    59        through in about a day.  If one says it may be rather more
    60        complicated than that, we might have three days evidence on