Day 216 - 06 02 96 - Page 11

 
 

                                                                  DAY 216
 
 
 
 
 
     1   MR. JUSTICE BELL:  I think we had better have the actual copy
     2        for a moment, and then we can be sure about it.  It is
     3        pages 18 and following in that section, Mrs. Brinley-Codd.
     4        It comes after the Guardian notes in my section; it is the
     5        last bit of divider 29.
     6
     7   MR. RAMPTON:  Perhaps the Defendants, if they have not marked
     8        their copies, one of them might lend me it, just so that
     9        I can identify it?
    10
    11   MR. JUSTICE BELL:  Yes.
    12
    13   MR. MORRIS:  I probably have marked them.  I do not really care.
    14
    15   MR. RAMPTON:  It does not matter, because it is not the Ryan
    16        one; it is the Lynval one.  I have no objection to the
    17        Ryan.  Thank you very much.  It has a page number 19 at the
    18        bottom, the first passage.
    19
    20   MR. JUSTICE BELL:  Yes.
    21
    22   MR. RAMPTON:  It is the second page, and it is the paragraph one
    23        up from the bottom which begins: "The Company are totally
    24        anti-union.  If you want to start a union, they will hear
    25        about it and they will sack you."  Then, since we know that
    26        Lynval worked at, I think it was Kentish Town, what follows
    27        must quite plainly be hearsay -- from "at Shepherds Bush"
    28        down to the end, really.
    29
    30   MR. JUSTICE BELL:  Of that paragraph?
    31
    32   MR. RAMPTON:  Yes.  It must be rumour.  He would say, "I was at
    33        Chiswick and Shepherds Bush and it happened when I was
    34        there", if it were direct evidence.  He does not even know
    35        the exact location.
    36
    37   MR. JUSTICE BELL:  What about the last two sentences, which
    38        seems to go away from Shepherds Bush -- "none of the
    39        Managers" to the end?
    40
    41   MR. RAMPTON:  So far as I know, that is all right, because it is
    42        then limited to his own knowledge.  I think it says, "It is
    43        totally anti-union."
    44
    45   MR. JUSTICE BELL: That goes back.  It says what it says at the
    46        very beginning of that.
    47
    48   MR. RAMPTON:  Yes.  For what they are worth -----
    49
    50   MR. JUSTICE BELL:  So, it is really from "Shepherds Bush" down 
    51        to "new staff"? 
    52 
    53   MR. RAMPTON:  That is right, my Lord.  It is an allegation
    54        which, quite evidently, on the face of the document, he is
    55        in no position to prove.
    56
    57        Then, my Lord, the other bit which is objectionable (for
    58        slightly different reasons) is the last paragraph on
    59        page 21.  He makes a somewhat Delphic statement in the
    60        first sentence.  I do not have any problem with that; or,
 
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