Counsel for the States started with the proposition that disputes are either industrial or not industrial. That is logically incontestable; and, as was said by counsel in Repton v Hodgson in a sentence which Jordan CJ brought to light in an essay, ‘Like Sinclair’s well-known division of sleeping into two sorts, namely, sleeping with or sleeping without a nightcap, it would seem to exhaust the subject’. But the presence or absence of the quality ‘industrial’ in a dispute is not as indisputably apparent as the presence or absence of a nightcap on a sleeper.  Read more »