Day 164 - 26 Sep 95 - Page 25
1 disclosable because I do not see how it could be relevant.
2
3 MR. JUSTICE BELL: But you were going to help me about computer
4 disk themselves.
5
6 MR. RAMPTON: It depends what kind of computer disk one is
7 talking about, as I have understood it. There is authority
8 that a disk may be disclosable but the court will be -- I
9 cannot remember the name of the case; it is a fairly recent
10 case, 1991, I think, in WLR, maybe it is noted in the White
11 Book, which says that the court will be astute to ensure
12 that other means of providing the relevant information
13 should be looked for wherever possible partly because of
14 the risk of security in disclosing more than one needs to
15 if one discloses a disk and, secondly, because of the risk
16 of actual damage to the database. It is a decision of
17 first instance by Mr. Justice Vinelot, I think, in the
18 Chancery Division.
19
20 MR. JUSTICE BELL: What I would like (and tomorrow if it is at
21 all possible) is if you can get hold of a copy or some
22 copies of the fairly short document, as you have described
23 it, and some information as to when that was superseded and
24 to what extent by the computer program, because I can see
25 it might have been a gradual thing across the country
26 rather than an overnight ------
27
28 MR. RAMPTON: I will deal all of that. What I will do as well,
29 if the document, I imagine, is what I think it is, I will
30 bring it court tomorrow so that your Lordship and the
31 Defendants can see it.
32
33 MR. MORRIS: If I just to come back on the process of seeking
34 this document, first of all, they said it would be
35 disclosed if they could find a copy of it. This is the UK
36 Management and Crew Scheduling Programme. Then we said:
37 "If you cannot find a hard copy, disclose the relevant
38 printout". That was on 11th September. They replied that
39 the printout was bulky and they would not provide a copy
40 unless ordered to do so. So then we said: "Well, OK, give
41 us the disk of the printout" which would not be bulky; it
42 would just be a 25 pence little disk. So I do not really
43 see what the problem is.
44
45 MR. JUSTICE BELL: Let us wait until tomorrow. I mean, the way
46 my mind is working at the moment, if we find out that at
47 the times I think I am really concerned with if the
48 programming was done the basis of two or three sheets of
49 printed instructions, at the moment that seems to me to be
50 what is relevant, but we will see what comes in the
51 morning.
52
53 MR. MORRIS: All right.
54
55 MS. STEEL: I have just remembered -- I looked up in my notebook
56 where this management programme was referred to. It is
57 pink volume XII, the employment bundle, tab 15, bundle page
58 607. That says: "The UK Management and Crew Scheduling
59 Programme is designed to help you learn how to do just
60 that". There is a description before about how to
