Day 311 - 06 Dec 96 - Page 16


     
     1        justified in repeating a rhetorical question I asked on
     2        Wednesday: would an ordinary English jury think that the
     3        rates of pay which those people were getting, the majority
     4        of the workforce, was bad -- or were bad, I should say?
     5
     6   MR. JUSTICE BELL:  Yes.
     7
     8   MR. RAMPTON:  My Lord, I will not give any references for any of
     9        this, because it is all in the various references which we
    10        have given your Lordship already.
    11
    12   MR. JUSTICE BELL:  Thank you.
    13
    14   MR. RAMPTON:  My Lord, now I subject myself on whatever it is
    15        to -----
    16
    17   MR. JUSTICE BELL:  Are you content to continue to deal with
    18        matters that way?
    19
    20   MR. RAMPTON:  Yes, of course.
    21
    22   MR. JUSTICE BELL:  It seems concentrated and, therefore,
    23        I certainly do not take offence at interrogation.  The fact
    24        is that, as Ms. Steel and Mr. Morris went along with their
    25        oral submissions, I was able to ask them queries as they
    26        cropped up; whereas if submissions are in writing, the
    27        questioning is much more intensive.
    28
    29   MR. RAMPTON:  I do not mind that at all.  It saves an awful lot
    30        of time.
    31
    32   MR. JUSTICE BELL:  Yes.  On page 5, there is a reference to the
    33        evidence (which I remember very well) of Mr. Nicholson
    34        saying he had never seen the Veggies fact sheet before it
    35        was handed up to him in cross-examination.  What, if any,
    36        evidence was there about who had instructed Barlow's in
    37        1987 and 1988 over the Veggies leaflet -- because there was
    38        some evidence that Mr. Nicholson generally dealt with the
    39        solicitors vis-a-vis litigation, or potential litigation.
    40
    41   MR. RAMPTON:  I do not know that there was any evidence.
    42
    43   MR. JUSTICE BELL:  There was no evidence that he was involved in
    44        that, but there was no evidence who else was, was there?
    45
    46   MR. RAMPTON:  I think that is right.
    47
    48   MS. STEEL:  In fact, I think Mr. Nicholson did actually say he
    49        was involved with that.
    50 
    51   MR. RAMPTON:  I do not remember that.  I do not say it is not 
    52        right.  I just do not remember. 
    53
    54   MS. STEEL:   I seem to remember looking it up only the other
    55        week, and I did actually mean to bring it up at the time.
    56        I will find the note I have of it.
    57
    58   MR. JUSTICE BELL:  If you find the reference, give it to me,
    59        will you?
    60

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