Day 171 - 11 Oct 95 - Page 35


     
     1        other of those, I would suggest August 1994 simply because
     2        it is closer in time to the date when Mr. Logan left and,
     3        therefore, it is likely to be reflective of events closer
     4        in his memory.  That is really all.  I have no strong
     5        preference about that.
     6
     7   MR. JUSTICE BELL:  Thank you.
     8
     9   MR. RAMPTON:  I have only heard it at third or second hand, so
    10        I hope your Lordship forgives me if I have not got a full
    11        set or it is in some sense inaccurate.  But that is the
    12        present state of information.  I do not think I have
    13        anything more to say about that category of documents.
    14
    15        Can I go back, then, to item 1 on Mr. Morris' list, the
    16        personnel file of Michael Logan.  I respectfully agree with
    17        your Lordship -- at least, I think this is what your
    18        Lordship was saying -- that complaints in themselves really
    19        do not tell us anything at all.  What matters is whether a
    20        complaint was well founded and, if it was, what the Company
    21        did about it.  Plainly, such matters as a record of
    22        performance reviews and when they happened speaks for
    23        itself, because that is the Company's own record.  As with
    24        the other persons named, I would agree that those will be
    25        disclosable.  But disclosure of what Mr. Morris pleads in
    26        his generalist kind of way and calls "complaints" without
    27        any specificity, I would certainly resist, simply because
    28        I do not see why they are relevant.  He adds, I see -----
    29
    30   MR. JUSTICE BELL: I suppose they might -- the nearest one is
    31        likely to get is, and it may be important, as the
    32        equivalent of the enquiry agent's notes, they are writing
    33        down what, rightly or wrongly, they thought at the time.
    34
    35   MR. RAMPTON:  If Mr. Logan had said at any particular time in
    36        1993 or 1994 -- because that is all we have got from his
    37        file, anyway -- "Oh, well, so and so has been victimised by
    38        the scheduling, and this is a bad thing", and it is one
    39        named people, then plainly that would be disclosable.  Yes,
    40        I would agree with that.  So I have missed out complaints
    41        details and gone on in Mr. Morris' item to "anything else
    42        of relevance".  Of course, I agree with that.  That is not
    43        a problem.
    44
    45        My same concern relates to 2B.  I think I have already
    46        dealt with it, when I stood up this morning with 2A.  There
    47        is no problem with that.  The Defendants will not get the
    48        whole file, but they have not asked for it.  They have
    49        asked for selected items, which is what they will get.
    50 
    51        2B, again, is much too broadly drafted:  "Any complaints 
    52        related to any of the issues".  I am not sure what is meant 
    53        by "issues"; and then, writes Mr. Morris, "including
    54        management style".  I do not read anything in what
    55        Mr. Logan has said which might be thought to reflect on
    56        management style at Bath.  So I am afraid that I would not
    57        be agreeable to provide that unless ordered to do so.
    58
    59        If by "any complaints related to any of the issues"
    60        Mr. Morris means any of the specific issues which now have

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