28/10/2016 BBC Business Live


28/10/2016

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with Victoria Fritz and Jamie Robertson.

:00:00.:00:08.

Are Uber drivers being taken for a ride?

:00:09.:00:10.

A UK court is set to rule on demands for paid leave and pensions,

:00:11.:00:14.

in a major test case for the gig economy.

:00:15.:00:20.

Live from London, that's our top story on Friday the 28th of October.

:00:21.:00:37.

Drivers for the cab-hailing firm Uber

:00:38.:00:39.

will learn later whether they are entitled

:00:40.:00:42.

to holiday pay, rest breaks and the national living wage.

:00:43.:00:45.

booming ad sales spell out big profits for Google owner, Alphabet.

:00:46.:00:55.

European markets have been open about half an hour.

:00:56.:01:00.

A lot happening in the banking sector.

:01:01.:01:02.

Royal Bank of Scotland shares up strongly.

:01:03.:01:04.

And we'll be getting the inside track on a huge trade deal

:01:05.:01:10.

that was on and then off - and then back on again,

:01:11.:01:14.

a global economy that seems to be getting back on track

:01:15.:01:16.

Today we want to know, would you be prepared to pay more

:01:17.:01:22.

for your Uber if the money went to the driver?

:01:23.:01:25.

We start here in London where a court is due to rule

:01:26.:01:41.

on what's being called the employment case of the year.

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Taxi hailing app Uber is being sued by 19 of its drivers

:01:46.:01:48.

demanding the right to holiday and sick pay and a pension.

:01:49.:01:52.

It could have major implications for the wider gig economy,

:01:53.:01:57.

where companies use apps to employ people on a freelance basis,

:01:58.:01:59.

for everything from deliveries to baby-sitting.

:02:00.:02:02.

For Uber, there is a huge amount at stake.

:02:03.:02:05.

In just six years, it has ballooned from a tiny start up to a company

:02:06.:02:09.

spanning 70 countries and valued at $66 billion.

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Uber has always maintained that its drivers are self-employed.

:02:13.:02:15.

They get to work as little or often as they wish

:02:16.:02:17.

but without the benefits of staff employees.

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However, the plaintiffs argue they are employed by the company,

:02:20.:02:23.

so it owes them paid leave and a pension.

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If the judge agrees, tens of thousands

:02:28.:02:31.

of other UK Uber drivers could claim the same benefits.

:02:32.:02:36.

That could push up the cost of booking an Uber ride here in the UK.

:02:37.:02:40.

Uber is fighting similar challenges around the world.

:02:41.:02:47.

In August, a US judge rejected a $100 million deal

:02:48.:02:49.

saying that the settlement was not fair,

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But not everyone who drives for Uber is unhappy with the way it operates.

:02:54.:02:58.

Here are two London drivers who have very different views.

:02:59.:03:22.

I am not self-employed. The definition of self-employed is that

:03:23.:03:30.

I create the business, where I do not. I follow the app, and that gets

:03:31.:03:37.

me access to the job, and I do not get paid. Uber get paid, and they

:03:38.:03:48.

control all these things. I was always a creative person, I run

:03:49.:03:53.

different projects, a tech start-up, we are very busy. Sometimes I cannot

:03:54.:03:58.

drive for days, OK, all week I am going to drive on Uber and make some

:03:59.:04:04.

cash. All the benefits, they are enjoying it, and I left all alone

:04:05.:04:08.

just to fulfil the responsibility. With the responsibility there comes

:04:09.:04:14.

a price, holiday pay, pension, all these things. I don't want to be

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owned by it, I don't want to be ruled by a company. I want to be

:04:20.:04:23.

able to build my own business, or when I go away, I don't need to ask

:04:24.:04:28.

for permission, is it OK if I am not working this week? I cannot do that.

:04:29.:04:31.

Anna McCaffrey is an employment lawyer at Taylor Wessing.

:04:32.:04:35.

You can take us through some of the details, why do the drivers say they

:04:36.:04:42.

want to be treated as employees? What is the ultimate? They're

:04:43.:04:46.

adamant is essentially around control, in that they say whilst

:04:47.:04:51.

Uber acts as an app, they control how drivers pick people up, the fact

:04:52.:04:55.

that they can give and take feedback on the ride and the driver, and also

:04:56.:05:00.

in relation to how Uber sets prices, that means that they are not really

:05:01.:05:06.

acting at arms length, as Uber have claimed. Really, they are under

:05:07.:05:10.

control and are real workers and should therefore get workers'

:05:11.:05:15.

rights. As an employment lawyer, is their case a strong one? It is

:05:16.:05:20.

definitely very interesting. Employment status has always been a

:05:21.:05:26.

grey area, and since the days of master and servant, we have tried to

:05:27.:05:30.

figure out who is self-employed and who is an employee, but now we are

:05:31.:05:35.

trying to apply this to different situations, and technology has

:05:36.:05:38.

really changed that. They do have a good case, but equally I think the

:05:39.:05:43.

company, Uber, have a lot of valid points to make. What is their main

:05:44.:05:50.

point? Uber's case is that they are not a taxi company, they are a

:05:51.:05:54.

technology company, and they act as a platform to connect freelancers,

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the drivers, with customers, and that they are not controlling those

:05:59.:06:02.

people, they are the facilitator rather than an employer. It is a

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little rich, isn't it? In terms of the spirit and the letter of the

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law, ask any consumer what Uber is, it is a taxi hailing app. That is

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the thing about the gig economy, the new way of getting surfaces, their

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argument is they are just providing a platform for taxi companies. Even

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traditionally black taxi tarmac cab drivers have been self-employed.

:06:36.:06:40.

What could be knock-on effects be? There is a cost to Uber itself of

:06:41.:06:45.

having to pay holiday pay, sick pay, pensions - that could be phenomenal

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and could potentially affect the viability of the business model. On

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a wider scale, there are a lot of companies in the digital economy

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that have similar platforms, they are looking very carefully at the

:06:59.:07:01.

outcome to see what it might mean for them. The third reason is that

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there is a lot of political focus on this, the Government are looking at

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Venice, whether we have got the right balance between self-employed

:07:12.:07:14.

and the rights of companies. Thank you very much indeed.

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the company behind search giant Google.

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Its shares have been on the rise in after hours trade,

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after a 27% jump in quarterly profit.

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It made more than $5 billion in the three months to September.

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It's mostly down to booming advertising sales.

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But Alphabet has also been spending a fortune

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gambling on new technology what it calls other bets.

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Here's the BBC's tech reporter in San Francisco, Dave Lee.

:07:38.:07:42.

Google's success in this quarter has been largely down

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Compared to this time last year, interactions with mobile apps

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has gone up by around 33%, which is quite something

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given that many people thought Google's Achilles heel

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a few years ago might have been making the transition from desktop

:07:58.:08:00.

advertising to interactions when we are on the move.

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Also interesting from Alphabet's earnings

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These are things that are not related to the core Google business,

:08:07.:08:11.

but are slightly more outlandish or experimental ideas.

:08:12.:08:17.

The other bets include things like the Nest thermostat

:08:18.:08:21.

that Google sells, and also fibre, an effort to install

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superfast broadband in cities all across the US.

:08:24.:08:25.

We know these are the bets that have made a bit more money,

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compared to $141 million this time last year.

:08:29.:08:36.

While Google's core business is search and advertising

:08:37.:08:39.

at the moment, who knows which one of these other bets

:08:40.:08:42.

will end up being Google's main business in the feature?

:08:43.:08:46.

It could take time and patience, but Google and Alphabet

:08:47.:08:50.

for the time being seem to be very much on the right track.

:08:51.:09:00.

There has been some surprisingly downbeat news from Amazon

:09:01.:09:02.

The last three months produced lower profits than expected,

:09:03.:09:05.

and it says the Christmas season, which is vital to its business,

:09:06.:09:08.

is not going to be as profitable as it hoped.

:09:09.:09:12.

On top of that, it's investing heavily in new ways

:09:13.:09:15.

of shipping parcels by drones and in video productions.

:09:16.:09:17.

UPS has ordered 14 Boeing 747s in a deal worth around $5.3 billion.

:09:18.:09:21.

and Boeing had said it was thinking of stopping production altogether -

:09:22.:09:27.

But this may breathe new life into the iconic old jet.

:09:28.:09:37.

Another casualty of the falling pound.

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The airline operator IAG, which owns British Airways and Iberia,

:09:42.:09:47.

managed to report a small rise in profits

:09:48.:09:48.

to $1.22 billion in the third quarter.

:09:49.:09:53.

But the chief executive, Willie Walsh,

:09:54.:09:57.

of the pound had cost it $177 million.

:09:58.:10:01.

The world's largest brewing company, AB InBev, has reported an unexpected

:10:02.:10:03.

drop in profit following declining sales in Brazil.

:10:04.:10:09.

It made a downward revision to its earnings forecast. EU member that

:10:10.:10:16.

earlier in the month it completed its $100 billion acquisition of its

:10:17.:10:17.

rival brewer SABMiller. Shares in Chinese internet giant

:10:18.:10:23.

Baidu slipped on Thursday after it reported an unprecedented

:10:24.:10:25.

quarterly drop in revenue. Tell us what happened. Well, Baidu

:10:26.:10:37.

is known as China's version of Google, they dominate the search

:10:38.:10:41.

market, but their numbers definitely were not as good as Google's, shares

:10:42.:10:46.

falling by as much as 4% in extended US trading because of its first-ever

:10:47.:10:48.

quarterly fall in revenue. Investors quarterly fall in revenue. Investors

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were unnerved by the warning that the numbers are going to get worse.

:10:52.:10:56.

In the third quarter, revenue fell by 0.7% down to $2.7 billion, but

:10:57.:11:04.

the forecast is that it will fall by 4.6% in the October to December

:11:05.:11:09.

period, the next quarter. So this is largely due to a plunge in

:11:10.:11:13.

advertising after a medical scandal in China caused the government to

:11:14.:11:18.

crack down on the sector. So earlier this year, a student with a rare

:11:19.:11:23.

form of cancer accused Baidu promoting adverts that directed into

:11:24.:11:28.

this treatment that did not work, and the student later died. Because

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of the huge outcry around this, the government has basically enacted a

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new law that bans online promotion of things like prescription

:11:36.:11:39.

medication and tobacco on the internet. So that is hurting Baidu,

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and it is going to hurt them for the next few quarters. Amazing that just

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one company can do that, thank you for your time.

:11:49.:11:53.

This is how the Asian markets fared, a very choppy session, pretty mixed,

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and we can see the Nikkei is up a little bit, a bit of a weakening

:12:01.:12:06.

when it comes to the yen. Markets have been open 42 minutes in Europe,

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and it is a bit of a down day, some earnings really dragged down some of

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these big indices across the world. Michelle Fleury is in Wall Street,

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and she is talking about what is going on with economic growth in the

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US. Investors and the presidential campaigns will be paying close

:12:29.:12:31.

attention to the new GDP data on Friday morning. Overall, the US

:12:32.:12:34.

economy has struggled to post any decent growth of late. In the second

:12:35.:12:40.

quarter, the annual growth rate was a mere 1.4%. If the data for the

:12:41.:12:44.

next quarter shows equally slow growth, that will be picked up on

:12:45.:12:49.

Italy by Republican candidate Donald Trump, as evidence that the economy

:12:50.:12:55.

is broken. -- most economists, however, are expecting a more

:12:56.:13:01.

respectable growth rate of 2.5%. On the stock market, Hernanes season is

:13:02.:13:04.

in full swing, the latest quarterly accounts are released by Exxon and

:13:05.:13:13.

Chevron, as well as MasterCard. investment director

:13:14.:13:16.

at Aberdeen Asset Management. We are going to do RBS in more

:13:17.:13:27.

detail later, but a big week for banks. Western banks have done well,

:13:28.:13:31.

revenues have been better than expected, a difficult time for

:13:32.:13:35.

banks, low interest rates are not conducive to high profitability, so

:13:36.:13:39.

they have produced better profits than expected. Bad debts have been

:13:40.:13:42.

better than expected given the economies in which the banks have

:13:43.:13:46.

been operating in have been doing better than we thought. Capital

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position are strong, a good season so far. One big move in health care

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and pharmaceuticals, mounting competition, continued pricing

:13:56.:13:59.

pressures, yet we are seeing the biggest rise in the FTSE 100 in

:14:00.:14:05.

pharmaceuticals. God of the company question is we're going to be

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talking later about the papers, see you in a second! Still to come, our

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economic screw will be clearing the fog of complexity hanging over this

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week's biggest business stories, growth, global trade deals and a

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little bit more and banking as well. Lets talk about Royal

:14:40.:14:46.

Bank of Scotland. There are different ways of looking

:14:47.:14:50.

at this story. On the one hand, the bank continues

:14:51.:14:54.

to face a range of large conduct And it has swung to a ?469 million

:14:55.:14:57.

loss in the third quarter, not to mention that it confirmed

:14:58.:15:03.

that it will miss a 2017 deadline to sell off its Williams

:15:04.:15:10.

Glyn branch network. hand, there are parts

:15:11.:15:13.

of this business that Lets talk to James Hughes -

:15:14.:15:16.

investors clearly liking In 2016 but other are doing

:15:17.:15:50.

particularly well. When you eat, it is not necessarily an ideal time for

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the banks to profitable. There are other areas within the retail side

:15:57.:16:03.

of banking that are doing pretty well or RBS and why you are doing OK

:16:04.:16:08.

today. We cannot look away from the downside, the five runs in aside for

:16:09.:16:15.

litigation costs. They have lost Santander air and now they are

:16:16.:16:27.

looking of them as well, so it is they have to sell the end of 2017

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and the EU says they have to do it, but they say they cannot. What will

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happen? You Santander would look to be buying this part of the business,

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Williams and Glynn, and it will be a massive challenge for anyone who

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comes in. I look at this as well. But it has to be done by the end of

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2017 of them look like it will be done. I'm what is going on on the

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tablet the tablet can do and to stay in here. They say no cheque-book was

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involved. They were knowing there was no

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They were knowing there was no cheque paid.

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Our top story: An employment tribunal in London is expected

:17:29.:17:32.

to rule today on whether Uber drivers are entitled

:17:33.:17:34.

to basic workers' rights such as paid holiday,

:17:35.:17:36.

The taxi app company regards them as self-employed

:17:37.:17:41.

We're expecting to hear the verdict on this case around 2pm UK time.

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Plenty more in the meantime on the website.

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A quick look at how markets are faring.

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UK 10-year gilt yield climbs to highest since Brexit vote.

:17:57.:18:00.

Is this the eye of the storm for inflation?

:18:01.:18:06.

We will be talking about that because there are some interesting

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Lets turn our minds to the bigger picture, by which we mean global

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We have got Andrew Walker in the studio with us. Justin Trudeau must

:18:20.:18:35.

be upset, packing his bags and then being told it was not going to

:18:36.:18:36.

happen. This is the agreement between the EU

:18:37.:18:47.

and Canada to remove a lot of the trade barriers, an agreement that

:18:48.:18:52.

both sides say it will be a boost to trade and incomes on both sides of

:18:53.:18:56.

the Atlantic. It was supposed to be signed at a ceremony in Brussels

:18:57.:19:01.

yesterday, but in the end Belgium could not consent to it because

:19:02.:19:05.

there were objections from one regional parliament. What happened

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in the end is that is now an agreement, Wallonia has accepted a

:19:11.:19:20.

kind of interpreted the statement. A fudge? It is a bit of a fudge and we

:19:21.:19:27.

have to see whether the Canadians are happy with what has been added

:19:28.:19:32.

to this agreement. What does it mean for other trade agreements? It is

:19:33.:19:37.

important because the Canada deal in relation to the EU was seen as

:19:38.:19:46.

either a path breaker or a stalking horse for a much bigger deal which

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is being negotiated with the US. It is really controversial politically.

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I think what has been happening with this back and forth over Belgium is

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an indication of the fact it will be really difficult to nail that

:20:04.:20:07.

agreement down with the United States and even more difficult to

:20:08.:20:13.

get ratified if it does happen. Another big story is what is going

:20:14.:20:18.

on with global growth. We heard from some of the world's biggest

:20:19.:20:23.

economies and we have had from France that we have got the OS a bit

:20:24.:20:30.

later. How is the picture coming together in your view? They are

:20:31.:20:33.

telling different stories. The French figure was a bit

:20:34.:20:39.

disappointing, it was 0.2%. It was fairly decent growth from Spain,

:20:40.:20:47.

0.7, although it was below the previous quarter. Spain still has

:20:48.:20:53.

not got back to its precrisis levels of economic activity, that is going

:20:54.:20:59.

back to 2008, although it is getting closer. The United States looks as

:21:00.:21:03.

if it will pick up a little bit after a sluggish second quarter. It

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is broadly in line with the general picture we have seen of the rich

:21:08.:21:13.

countries continuing to recover after the financial crisis, but

:21:14.:21:16.

still not getting any convincing momentum. The US economy has been a

:21:17.:21:24.

political football in the run-up to the US elections and this is the

:21:25.:21:28.

last amount of data we get beef for those voters go to the polls. How

:21:29.:21:35.

will they be interpreted? I am sure they will be interpreted in two

:21:36.:21:39.

different ways by two different parties. If we get a figure of 2.5%

:21:40.:21:46.

as an annual figure, which is what we are expecting, President Obama

:21:47.:21:56.

will say it is is a sign that we are getting ahead and will hand the bat

:21:57.:22:02.

until Hillary Clinton. Donald Trump says we will be harmed. Donald Park

:22:03.:22:13.

will say there is no growth. It is true there has not been much growth

:22:14.:22:17.

and people on medium incomes have not seen the benefit to the extent

:22:18.:22:22.

that they should have done. There is no question that Donald Trump is

:22:23.:22:26.

In a moment we'll take a look through the Business Pages but first

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here's a quick reminder of how to get in touch with us.

:22:32.:22:35.

The live aid its way and they are with all that

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are in all on the BBC web page. We are also on which you find on

:22:49.:22:58.

We are also on which you find on Facebook.

:22:59.:23:06.

What other business stories has the media been

:23:07.:23:08.

Joining us again is Richard Dunbar, Investment Director

:23:09.:23:12.

In. The idea that because inflation has been going up the bond markets

:23:13.:23:28.

are going down. Bond markets have only one in one direction for

:23:29.:23:35.

decades. It has been part of my career. They are very sensitive to

:23:36.:23:44.

the levels of inflation. Rising bond yields to an extent a sign that

:23:45.:23:48.

things are getting back to normal, but the way they go from the lower

:23:49.:23:54.

levels they are focusing on at the moment. If you make a four and are

:23:55.:24:19.

ideal and more from a safer's is that you, it is good news. There is

:24:20.:24:26.

a story in the Financial Times and France's deepening problems in the

:24:27.:24:31.

nuclear sector, threatening the potentially increase the bills of

:24:32.:24:48.

customer prices. At the 18th of nuclear reactors? Energy system,

:24:49.:25:07.

like a lot in the West, is creaking at the seams. We have had a lot of

:25:08.:25:14.

debate on Hinkley Point and we are trying to add two our site, but

:25:15.:25:18.

until that point is, we do rely on others. The Philippines president

:25:19.:25:29.

says he is going to stop swearing because he was talking to God on an

:25:30.:25:38.

aeroplane. There are a few global politicians who would do well to

:25:39.:25:45.

stop swearing. He is very popular, but his manner is not one that is

:25:46.:25:49.

There will be more business news throughout the day on the BBC Live

:25:50.:25:55.

webpage and on World Business Report.

:25:56.:26:09.

Weekend weather is looking very deep and it should they largely dry and

:26:10.:26:16.

myself, do not expect a huge amount of

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