Day 303 - 19 Nov 96 - Page 11


     
     1        you are starting from.  But anyway, go back.  You say,
     2        suppose McDonald's were reporting 600 out of every
     3        thousand, ones which were actually reported are you
     4        saying?
     5
     6   MR. MORRIS:  Yes, we are talking about reported injuries.  Can
     7        I also make a note that Mr. Pearson accepted the authority
     8        that HSE as an expert and that also -----
     9
    10   MR. JUSTICE BELL:  I am afraid that cannot help me on the
    11        admissibility.  Suppose McDonald's reported 600 out of
    12        every thousand reported accidents in their sector?
    13
    14   MR. MORRIS:  If they did, yes.  It does not really matter, it is
    15        the percentage that counts.  If a thousand were reported
    16        overall, and that is only ten to 15 per cent of what
    17        completely would have taken place, by their -----
    18
    19   MR. JUSTICE BELL:  400 is the ten or 15 per cent.
    20
    21   MR. MORRIS:  No, hang on a second.
    22
    23   MR. JUSTICE BELL:  They are not saying McDonald's only reported
    24        ten or 15 per cent of theirs, surely?
    25
    26   MR. MORRIS:  No, no, they are saying that the -----
    27
    28   MR. JUSTICE BELL:  They are saying?
    29
    30   MR. MORRIS:  Only ten to 15 per cent of injuries that are
    31        reportable are actually reported by the services sector.
    32        Let us assume that applies to whatever sector we are
    33        talking about.
    34
    35   MR. JUSTICE BELL:  You have to exclude McDonald's because we
    36        know that they report more than ten or 15 per cent.
    37
    38   MR. MORRIS:  I understand that.
    39
    40   MR. JUSTICE BELL:  So the 400, on your example the 400 is ten or
    41        15 per cent of what the rest of the sector of the industry
    42        should have reported?
    43
    44   MR. MORRIS:  Yes.  Hold on, let us assume the whole sector only
    45        reports ten to 15 per cent, McDonald's are better, we do
    46        not know by how many but we know that they are better,
    47        because we trust the Health and Safety Executive expert
    48        opinion on this, which, of course, Mr. Rampton says is
    49        inadmissible, so we do not know, he then has not anything
    50        to rely on if he takes that point of view.  But assuming
    51        that HSE is right, the sector reports ten to 15 per cent,
    52        let us say a thousand reported; that means you have to
    53        multiply by ----
    54
    55   MR. JUSTICE BELL:  You have lost me there, because 600 of that
    56        thousand are a figure to which the ten or 15 per cent does
    57        not apply.
    58
    59   MR. MORRIS:   But if the sector overall reports ten to 15 per
    60        cent, yes, overall obviously McDonald's would tend to bump

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