Day 130 - 26 May 95 - Page 81


     
     1        particular expertise and experience and knowledge rather
     2        than every day judgment, do so.  But if I give you an
     3        example, the quarter inch of water on the floor, I would
     4        not have thought is a matter in relation to particular
     5        expertise.  We will have to see what, if anything, the
     6        evidence is in relation to that.
     7
     8        The final matter is this before we break off for vacation
     9        until Tuesday week, I must say I am still troubled to some
    10        extent as to the place, if any, which health and safety
    11        plays under employment, because an early paragraph in the
    12        employment section does refer to conditions and pay.  It
    13        then goes on to mention specific conditions like noise,
    14        smell and heat.  It does not say anything about safety.  It
    15        then goes on to deal with pay.  It may be at the end of the
    16        day that I will think that there is no complaint about
    17        health and safety in the leaflet.
    18
    19   MR. RAMPTON:  No.
    20
    21   MR. JUSTICE BELL:  That does not matter at the moment because
    22        there is no way, having embarked upon the Plaintiffs'
    23        evidence about health and safety, I am going to say, even
    24        if that were a firm view (which it is not at the moment):
    25         "Well, although I have heard evidence from the health and
    26        safety from the Plaintiffs I am not going to hear any more"
    27        which would mean that I did not hear any of the Defendants'
    28        evidence.  Of course, that would be quite unfair that you
    29        have got a fair bit of your evidence in and they have none
    30        of theirs.
    31
    32        What I would urge everyone in the health and safety parts
    33        of the employment evidence -- this does not relate to hours
    34        or wages or the significance of turnover or any of the
    35        other topics or little chapters which one might break
    36        employment up under -- is I think there can be a deal of
    37        economy in just getting the evidence out; if there is a
    38        challenge, making the point and then just sorting it all
    39        out at the end of the day.
    40
    41   MR. RAMPTON:  My Lord, if I may respectfully say so  ---
    42
    43   MR. JUSTICE BELL:  That is directed at all parties.
    44
    45   MR. RAMPTON:  -- I heartily endorse those observations.  It
    46        bears also on what your Lordship has just said on the
    47        approach which we have adopted in relation to discovery of
    48        the new documents, but I will explain that when we meet
    49        again.
    50 
    51   MR. JUSTICE BELL:  We will leave discovery aside.  I hope 
    52        everyone manages to get at least -- did you want to say 
    53        something?
    54
    55   MS. STEEL:  Yes, I wanted to ask about yesterday; Mr. Atkinson
    56        was supposed to be looking at some documents and they have
    57        not been served.
    58
    59   MR. RAMPTON:  No, they will not be served for considerable time
    60        or at least they will not be served now.  What I

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