Day 177 - 26 Oct 95 - Page 05
1 MR. JUSTICE BELL: The really new thing, it occurred to me --
2 I have to say that I was not very concerned about anything
3 additional Mr. Pearson wanted to say about overtime;
4 I would like to hear what he has to say about overtime, but
5 I would be surprised if it is very surprising -- but
6 performance related pay, I do not know what that involves.
7 Mr. Morris, no doubt, will tell me if he does know what it
8 involves. That is a new topic.
9
10 MR. RAMPTON: My Lord -----
11
12 MR. JUSTICE BELL: Is that really your concern?
13
14 MR. RAMPTON: That is my problem, really. I can guess what sort
15 of extension, if any, Mr. Pearson might make on overtime,
16 but the performance related pay suggestion is completely
17 new. I do not understand, I cannot fathom out, and
18 I should not have to fathom with an expert witness what his
19 reasoning may be for saying it is generally inappropriate;
20 and, quite honestly, as we have written to Mr. Morris, if
21 he is an expert he must have these things at his fingertips
22 and he should be able to jot down on a piece of paper -- he
23 does, apparently, do very neat word processing, or somebody
24 does on his behalf -- what his reasons are, because experts
25 cannot just come into a witness box and express opinions;
26 they have to give reasons. Mr. Pearson must know what his
27 reasons are, and we should have notice of them.
28
29 MR. JUSTICE BELL: Yes. Thank you. Yes, Mr. Morris.
30
31 MR. MORRIS: Well, I think Mr. Rampton is making a mountain out
32 of a not even existing mole hill as part of his long
33 running campaign to restrict, inhibit and prevent us
34 calling the evidence which is relevant.
35
36 MR. JUSTICE BELL: I do not accept that. You would serve
37 yourself much better -- you may well succeed your
38 application -- if you just put it calmly, told me what the
39 problem is and what you want to achieve. I am not at the
40 moment fussed about three days rather than five, because
41 I think you have done your best to give notice of it.
42
43 MR. MORRIS: I appreciate that.
44
45 MR. JUSTICE BELL: Just tell me what you would like to do.
46
47 MR. MORRIS: Yes. Well, regarding Mr. Gibney, I contacted him
48 this morning before coming, and he said -- he has already
49 talked about Colchester and Milton Keynes, and he did -----
50
51 MR. JUSTICE BELL: Do you know what, if anything, he would say
52 about Clacton, Ipswich, Leicester, Stevenage and
53 Lowestoft? Do you have any particulars at all in regard to
54 that?
55
56 MR. MORRIS: As far as Leicester, Stevenage and Lowestoft are
57 concerned, he worked there as a trainer when they were
58 setting up the stores. So he has not got anything to say
59 about that; it was just basically saying that he had a
60 position of responsibility. That is just a fact. Clacton
