Day 181 - 01 Nov 95 - Page 52


     
     1        So, I mean, it could be five, but I think these figures are
     2        more or less accurate.
     3
     4   Q.   Right.
     5        A.  Five years for the records and seven years for the
     6        claim.  But then you would have to get me the Statute and
     7        just look at it, if you need to know exactly.  I am sorry
     8        I cannot be more precise.
     9
    10   Q.   Right.  But records kept -- say records made this year --
    11        does it apply to them; do they have to be kept?
    12        A.  No, because fresh records would not be necessary from
    13        30th August 1993, when the councils ceased to have effect.
    14
    15   MS. STEEL:   OK.
    16
    17   MR. MORRIS:  Can we clarify?  So the records that McDonald's had
    18        before June 1990 or before September, or whatever it is
    19        now, October 1990, would have to be kept from that time
    20        onwards up until August 1993?
    21
    22   MR. RAMPTON:  My Lord, I want to think about this.
    23
    24   MR. MORRIS:  Would have to be kept until now -----
    25
    26   MR. RAMPTON:  (A), it is a matter of law; and (B), it does not
    27        arise out of cross-examination.
    28
    29   MR. MORRIS:  I am just clarifying what it means.
    30
    31   MR. JUSTICE BELL:  I cannot accept it from the witness, I am
    32        sorry.
    33
    34   MS. STEEL:   It does.  It arose out of something that was said
    35        during cross-examination.
    36
    37   MR. JUSTICE BELL: I have not interrupted you, but, again, it is
    38        a matter of law.  It must be a matter of construction of
    39        some statutory provision.
    40
    41   MS. STEEL:  I just thought it would be helpful, if Mr. Pearson
    42        knew, to find out the position.
    43
    44   MR. JUSTICE BELL: It would.  But then, again, this is no
    45        disrespect to Mr. Pearson.  In fact, he has once or twice
    46        said "I think", which may mean that he is not absolutely
    47        confident.  But even if he expressed an absolutely
    48        confident position, I would have to check it from the
    49        legislation.
    50 
    51   MS. STEEL:  I am not disputing it.  I just thought it would be 
    52        helpful to find out whether it was still applicable or 
    53        not.
    54
    55        (To the witness):  You were asked about whether or not
    56        McDonald's would have had -- I do not know how to summarise
    57        it -- basically, the point about whether they would have a
    58        ton of bricks coming down on them if they were not giving
    59        workers proper overtime.
    60

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