Day 164 - 26 Sep 95 - Page 31


     
     1        to or anything like that.
     2
     3   MR. JUSTICE BELL:  It is a drop in the ocean, is it not?  You
     4        have had Ms. Barnes give evidence about it and you have all
     5        the recommendations which she says were put into effect.
     6
     7   MR. MORRIS:  The Bath store documents, the problem is I have not
     8        got the statements with me because we have not put them in
     9        our file.
    10
    11   MR. JUSTICE BELL:  Listen, let me make a comment on that because
    12        when you got going on that I was going to say that I want
    13        you to tell me at this stage in the case just what
    14        documents you think should be disclosed and what their
    15        importance or potential importance is to particular issues
    16        in the case, or between one witness or another, so that
    17        I could grapple with particular documents rather than just
    18        general discovery at this stage.  Are you able to do that?
    19
    20   MR. MORRIS:  In terms of the Bath store?
    21
    22   MR. JUSTICE BELL:  Yes.  What I was expecting you to do is say:
    23          "Look at this statement; that must mean there is this
    24        document which it would be material to see for this
    25        reason".  Then I would make a list of those documents or
    26        classes of documents and we would see where we went from
    27        there.
    28
    29   MR. MORRIS:  Yes.  I do not know if you have my letter of
    30        11th September?
    31
    32   MR. JUSTICE BELL:  Yes.
    33
    34   MR. MORRIS:  I actually identified the specific documents sought
    35        and the dates to the Plaintiffs.
    36
    37   MR. JUSTICE BELL:  11th September?
    38
    39   MR. MORRIS:  I am sure I sent it to -----
    40
    41   MR. JUSTICE BELL:  Yes.
    42
    43   MR. MORRIS:  It is point (4) of that document.
    44
    45   MR. JUSTICE BELL:  What I would like you to do is take me
    46        through those with reference to statements, if need be,
    47        saying why you consider -- are any of them conceded at all,
    48        Mr. Rampton?
    49
    50   MR. RAMPTON:  Not as stated.  My problem is that Mr. Morris (and 
    51        this is just a graphic way of putting it) has a net almost 
    52        as broad as the North Sea.  If he would be more specific 
    53        and say:  "Well, look, the following incidents", according
    54        to Mr. Logan, "took place at particular dates" and
    55        Mr. Richards who is our witness in relation to Bath
    56        disputes it in relation to a particular incident, and it
    57        involves the use or misuse of a clock card, why, then
    58        I would agree.  That is just an example.  I would agree
    59        that that one should make discovery of that or those
    60        particular clock cards if they still exist and are

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