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    23        it, and some information as to when that was superseded and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

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