Day 182 - 02 Nov 95 - Page 25
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2 MR. MORRIS: The finding, you are not making a ruling based
3 upon, this is -----
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5 MR. JUSTICE BELL: Then how does it help me in relation to this
6 case? Unless I am going to accept that what you want
7 translated into English is, in fact, Norwegian law, how
8 does it help me?
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10 MR. MORRIS: The point is here we have the law employment
11 regulations official booklet. We can get an English
12 version of it. If it saves time now, then if we can get a
13 supplementary statement, a Civil Evidence Act Notice, from
14 Mr. Jenssen when he goes back to Norway enclosing English
15 translations ------
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17 MR. JUSTICE BELL: The way round this is that you will have an
18 opportunity when Mr. Jenssen comes out of the witness box
19 for him to translate for you the particular regulation
20 which can be identified. Get that done, identify the
21 regulation, write a very short letter to Barlow Lyde and
22 Gilbert saying: "It is our case that according to
23 regulation such and such", and then set out what the
24 regulation says, "are you prepared to accept that this is
25 so?" and then let me see what the answer is.
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27 That may be a simple route into getting the matter in,
28 because I would expect them to respond by saying: "Yes, we
29 agree that is so", or "No, the position is such and such".
30 You do not have to be a mind reader to see I would not be
31 terribly impressed if there was just: "We do not propose to
32 comment" or there is no answer at all. I do not suppose
33 for a moment that will happen, but what I cannot do is just
34 ride a coach and horses through the technical position.
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36 MR. MORRIS: Right. On this subject anyway, Mr. Holm has
37 accepted ------
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39 MR. JUSTICE BELL: I mean, I agree with you, on the face of it,
40 Mr. Holm's paragraph is contradictory anyway. What I might
41 be more interested in is any hard evidence as to the extent
42 of late working by people under age. Do not forget that
43 your case is that this is just one part (and it may be a
44 small part) in a jigsaw. The picture of the jigsaw,
45 overall picture of the jigsaw, being, you say, that with a
46 very large proportion of young people employed by
47 McDonald's it is inevitable that some will work later than
48 they should and, do not forget, I do not know what
49 conclusion I will draw on that, but the Norwegian
50 experience, whatever it is, is just another piece in what
51 you will say to me at the end of the day is the complete
52 jigsaw.
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54 MR. MORRIS: Yes, if it is any help anyway, it is appendix B in
55 those documents and it is -----
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57 MR. JUSTICE BELL: I suggest -----
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59 MR. MORRIS: I am just referring the court to it, but we will
60 get it translated.
