Day 165 - 27 Sep 95 - Page 23


     
     1
     2        It is right that I tell your Lordship that there also
     3        exists, as one can see from the contents table which we
     4        have included on page 2, a number of appendices which we
     5        have not copied.  Those consist of blanks of the actual
     6        forms used in the restaurants, examples of which, as it
     7        were, practical use examples, are given, fictitious
     8        examples, in the body of the document that we have
     9        produced.
    10
    11   MR. MORRIS:  Could you say which pages they are?
    12
    13   MR. RAMPTON:  No, I cannot possibly you that; you will have to
    14        look.  If I am wrong about that, no doubt I will be picked
    15        up on it.  The only one I cannot find, having said that, is
    16        the one called "People positioning floor plans, section
    17        11".  If that were thought relevant, I will try to get a
    18        copy of an example of people positioning floor plans.
    19
    20        Mrs. Brinley-Codd has read the whole document.  She tells
    21        me that all the other forms and charts are contained by way
    22        of example in the body of this document.  The appendices
    23        are the actual blanks used in the restaurants.
    24
    25        I would also tell your Lordship that there is another very
    26        bulky document not going by this title which is what is
    27        used by the person who sets up the computer to do the
    28        scheduling.  In other words, what that does is tell you how
    29        to use the IPS computer system.  It does not tell you what
    30        are the purposes, functions and principles of scheduling.
    31        That document was not written by McDonald's at all, as one
    32        would expect.  It is about 200 pages long and it was
    33        written by a firm of computer programmers or software
    34        experts in the United States.  It is, in other words, a
    35        technical document which explains how you put the system on
    36        to the computer or how you make the computer do what you
    37        want.
    38
    39        Having said that, and told your Lordship of the existence
    40        of that document, I would add that, in my submission,
    41        having regard to the contents of this document, which
    42        contains the relevant information, what is the point of
    43        scheduling, what are you supposed to achieve by it,
    44        discovery of the technical, how to use the computer
    45        instruction manual is, perhaps, irrelevant and certainly
    46        not necessary for disposing fairly of this case.
    47
    48        I do not think I can say any more about that at this stage,
    49        except this, that if the Defendants would like to look at
    50        the computer instruction manual, if your Lordship thought 
    51        it appropriate that they should, they are perfectly at 
    52        liberty to do so by way of inspection.  We do not intend to 
    53        make copies of it.
    54
    55   MR. MORRIS:  Has this got a date?
    56
    57   MR. RAMPTON:  No, it has not.
    58
    59   MR. JUSTICE BELL:  It has copyright 1991 on one page but that
    60        may be just part of the -----

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