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
