Day 312 - 11 Dec 96 - Page 12


     
     1        doing it you might, in certain circumstances, end up paying
     2        the crew member less than his legal entitlement and yet not
     3        notice and he might not notice either.
     4
     5   MR. MORRIS:  Yes, which is what happened of course.  All I am
     6        saying is that it will probably have been on a greater
     7        scale, if you take into consideration Sundays.
     8
     9   MR. JUSTICE BELL:  At the moment I am interested in it happening
    10        at all rather than the scale of it.
    11
    12   MR. MORRIS:  Yes.  We think it probably happened at all stores
    13        every week with at least one or two people, if not five or
    14        six people.
    15
    16   MR. JUSTICE BELL: How are you going to go about it?
    17
    18   MR. MORRIS:  Right.  I am going to give a general overview about
    19        some of the basic principles that have happened in this
    20        case that we feel should be taken into consideration and
    21        adopted.
    22
    23   MR. JUSTICE BELL:  This is law now, is it?
    24
    25   MR. MORRIS:  Yes, we are dealing with law now, general law,
    26        general matters of law and procedure.  Then Helen is going
    27        to go into a little bit more detail on those general
    28        matters, one or two of them, including European law.  Then
    29        I am going to refer to the NUM case.  Then we are going to
    30        go on to publication and the law to do with that.  That is
    31        our basic plan for today.
    32
    33   MR. JUSTICE BELL:  Yes, hold on a minute.  Very well.
    34
    35   MR. MORRIS:  So in terms of what we have got ready, we are
    36        pretty confident that will be finished by the end of
    37        today.  Then we will prepare for tomorrow.
    38
    39        I will hand a document over and I will go through it. We
    40        are going to be making some fundamental points, but we feel
    41        they should be listened to with an open mind.  The first
    42        thing is about the unprecendented nature and scope of the
    43        case.  As I said before, in many respects this case is
    44        beyond precedent, to such an extent that there is an
    45        overriding imperative for decisions to be made in order to
    46        protect the public interest.
    47
    48        Actually, if I give a copy to the stenographers, it might
    49        help them.
    50
    51   MR. JUSTICE BELL:  Yes.  (Handed).
    52
    53   MR. MORRIS:  The first point to be borne in mind, of course, is
    54        the vital public importance of the issues raised in this
    55        case, which we would all agree on; secondly, the prominent
    56        public profile of the Plaintiffs, it has been said that
    57        they are possibly the most prominent Corporation in the
    58        world in terms of their public image and recognition of
    59        their symbol, maybe equally with Coca Cola and the Olympic
    60        rings; three, the dominant position of the Plaintiffs along

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