Day 172 - 12 Oct 95 - Page 41
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2 MR. MORRIS: Page 4. I mean, the only thing I can say about
3 that is, first of all, we do not care greatly about that
4 individual statement, but it is quite possible that that is
5 what he was told. It is quite likely - he would only know
6 it from management. It is quite likely something that he
7 was told in order to get people to keep the levels of
8 takings up. I think that is a very strong case for
9 something that emanated from management directly. Having
10 said that, we are not that bothered about the actual
11 statement, but I think if the principles are applied then
12 that should be allowed in. I think that is the end of our
13 submissions.
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15 MR. JUSTICE BELL: I will assume you have spoken for Ms. Steel
16 as well. Do you want to say anything?
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18 MR. RAMPTON: The only thing I would like to say is this, that
19 if your Lordship were minded to keep in -- which I thought
20 I gathered that you might be -- the passage at the bottom
21 of page 3, "The majority of the employees worked well over
22 the 39 hours per week specified in the Handbook. The limit
23 was a joke. Most people did not object" -- "people did not
24 object" is, I think, is going out -- if your Lordship is
25 inclined to keep in those two sentences, I am not going to
26 argue that again, that is not right, but I believe I would
27 actually quite prefer to keep in the passage on the first
28 page of the continuation statement, which helps to reflect,
29 perhaps -- I would say certainly -- on the reliability of
30 the statement in paragraph 6 of your Lordship's -----
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32 MR. JUSTICE BELL: So you mean the second paragraph under "More
33 than 39 hours" -----
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35 MR. RAMPTON: Yes. If, as I will submit, the source for what is
36 stated in paragraph 6 is what Mr. Magill is pleased to call
37 "common knowledge" and what other people had told him, it
38 may help your Lordship arrive at a conclusion in due course
39 about the reliability of what is stated in paragraph 6. If
40 one is to stay in, I would like the other to stay in.
41 I add to that the fact that Mr. Magill states there that he
42 never, himself, did any overtime. But that is all I have
43 to say by way of response.
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45 MR. JUSTICE BELL: Yes.
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47 MR. RAMPTON: That is of course without making any concession at
48 all ---
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50 MR. JUSTICE BELL: I understand.
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52 MR. RAMPTON: -- the value of what is called "common knowledge".
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54 MR. JUSTICE BELL: If I am leaving the first two of the sentences
55 you sought to exclude in paragraph 6 because there may be
56 some doubt, then you want the supplement in order to argue
57 which way the balance of probabilities goes.
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59 MR. RAMPTON: My Lord, exactly.
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