Day 115 - 06 Apr 95 - Page 60


     
     1        they would record ----
     2
     3   MR. JUSTICE BELL:  I do not think anything sinister in what is
     4        being put to you.
     5
     6   MR. RAMPTON:  Nothing sinister at all.
     7
     8   MR. JUSTICE BELL:  In fact, I will read out to you, above the
     9        space for you to sign it says: "I agree to work to these
    10        conditions of employment as from 22nd May 1993."  At the
    11        very bottom of the page -----
    12
    13   MR. RAMPTON:  10th March, is it not, my Lord?
    14
    15   MR. JUSTICE BELL:  No, I think it is 22nd May.  At the bottom of
    16        the actual page there is a date which may indicate when the
    17        person responsible for the document actually drafted it and
    18        had it typed up.  I think all that is being put to you is
    19        that before you would have had an opportunity to sign that
    20        document and accept the conditions of employment for
    21        catchers, your employment was terminated anyway.  Does that
    22        sound right?
    23        A.  Somewhere near, sir, yes.
    24
    25   MR. JUSTICE BELL:  Do you want to ask anything more?
    26
    27   MR. RAMPTON:  No, I do not, my Lord.
    28
    29   MR. JUSTICE BELL:  Thank you, Mr. Bruton.
    30
    31                       (The witness withdrew).
    32
    33   MR. RAMPTON:  My Lord, all I would say finally to this question
    34        is that Defendants should, in my submission, think about
    35        the purpose for which they want to use these documents.  It
    36        may be they do not need a Civil Evidence Act Notice at all
    37        if it is merely used as evidence of what Sun Valley were
    38        saying.  If they want to go further than that, then they
    39        will have to.
    40
    41   MR. JUSTICE BELL:  At the moment you have evidence, I hope
    42        Mr. Rampton will correct me if he believes this to be
    43        wrong, that these were proposals or explanations of what
    44        was proposed or intended by Sun Valley the working
    45        arrangements should be.  That much I can get from the face
    46        of the document, can I not?
    47
    48   MR. RAMPTON:  If one is going to be -- I will not be horribly
    49        technical -- there is an intervening stage, actually.
    50 
    51   MR. JUSTICE BELL:  That is how I would be minded to interpret it 
    52        at the moment, unless there is any evidence to challenge it 
    53        in due course.  On the face of them, those documents speak
    54        as to what Sun Valley was proposing the working
    55        arrangements should be.  What I suggest is you go away and
    56        think about it.  If you need more than that in some way,
    57        then a Civil Evidence Act Notice may be appropriate, but
    58        then you may get a counter notice saying you have to call
    59        Mr. Jeff Bowell and it is all really for no particular
    60        gain, because what I have explained the documents mean to

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