Day 171 - 11 Oct 95 - Page 15


     
     1        whether we ought to be looking at a high season month.
     2
     3   MR. RAMPTON:  I say straightaway that I have no objection in
     4        principle.  Mr. Logan was in the store in 1993, and I dare
     5        say a number of these other people were as well, because
     6        many of them, most of them, are long serving employees, and
     7        six of them at least are still there.  My only hesitation,
     8        as ever really, is that it means another 90 or 100 pages.
     9
    10   MR. JUSTICE BELL:  I appreciate that.
    11
    12   MR. RAMPTON:  Particularly since I do not intend, unless
    13        your Lordship directs me otherwise, to disclose the details
    14        on the clock card sheets and the adjustments and the excess
    15        hours of any employee other than those named by Mr. Logan.
    16        So there is a lot of blanking out to be done.
    17
    18   MR. JUSTICE BELL:   Well, I would want to hear further argument
    19        in relation to that.
    20
    21   MR. RAMPTON:  I understand that.  Your Lordship says-- I am
    22        sorry, I just meant that that is what actually Mr. Morris
    23        has asked for, for the named people in item 10.
    24
    25   MR. JUSTICE BELL:  We will see how the argument goes.  Let me
    26        make a further note.
    27
    28   MR. MORRIS:  That was if there were separate cards for each
    29        person.
    30
    31   MR. JUSTICE BELL:  Wait a minute.  You will have your
    32        opportunity to go through it in a moment. (Pause)  Yes,
    33        Mr. Morris.
    34
    35   MR. MORRIS:  The genesis of this application is that Mr. Logan
    36        in his statement clearly identified what he stated were
    37        general problems in the store -- common practice, in other
    38        words like that, regularly -- and then on the phone the day
    39        before Mr. Richards gave evidence, I said I have been asked
    40        to put some names forward.
    41
    42   MR. JUSTICE BELL:   In fairness to yourself, I indicated that
    43        I was not very attracted by the prospect of ordering
    44        blanket discovery on the basis of general allegations, but
    45        I would think again if you were able to be more specific.
    46
    47   MR. MORRIS:  Yes.  I mean, obviously, you know, to ask for all
    48        documents for the whole time Mr. Logan was there would be a
    49        different matter.  But he was making allegations that these
    50        practices were general practices and he, himself, had done 
    51        scheduling or run shifts -- or whatever he says in his 
    52        statement -- and, therefore, he is entitled to make those 
    53        kinds of conclusions.  However, at the drop of a hat, he
    54        pulled out some names on the phone to me.  But they were
    55        only examples of what were, he says, common or general or
    56        regular practices.
    57
    58        So the first point I am going to make in answer to
    59        Mr. Rampton's point is that the general documents that have
    60        been -- the documents have been applied for should not be

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