Day 167 - 02 Oct 95 - Page 59


     
     1
     2   MR. RAMPTON:  I can save Mr. Morris in the court quite a lot of
     3        time by saying that I believe we ought to look for the
     4        Danny Olive letter, certainly I think we ought to look for
     5        the Head Office Store Audit, which is said to have been
     6        critical -----
     7
     8   MR. JUSTICE BELL:  Let me make a note.
     9
    10   MR. RAMPTON:  It is unfortunate we do not have a better date for
    11        it, but given that we know the ----
    12
    13   MR. JUSTICE BELL:  Never mind.  A Head Office Store Audit?
    14
    15   MR. RAMPTON:  Head Office Store Audit alleged to have been
    16        critical of Bath's performance review practices, and we
    17        ought to have a look for what Logan is said to have said to
    18        the DOE, together with any other relevant documents in that
    19        area.  Everything else I will resist and, therefore, Mr.
    20        Morris can concentrate on those arguments.
    21
    22   MR. MORRIS:  You saw ----
    23
    24   MR. JUSTICE BELL:  If I can just intervene, without making a
    25        decision.  It would interest me to know just when the
    26        manual schedules, weekly schedules, that is the two or
    27        three sheet ones, did come to an end, and what (if any) are
    28        still available prior to that time.  I have not heard him
    29        argue it but, at the moment, I am more inclined to think
    30        that what people are scheduled to do may -- although this
    31        is not Mr. Morris' case -- be more important than what they
    32        end up doing because people are going to fall sick and need
    33        replacements, and if an attack is being made on the
    34        difference between what the system should be and hours
    35        people are planned to schedule, then the schedules may be
    36        of more importance.  I know you have an argument about what
    37        that would involve.  But it would help me, as a first step,
    38        to know just what is available.  There is no point even
    39        arguing about it if they stopped three years ago.
    40
    41   MR. RAMPTON:  No, quite.
    42
    43   MR. JUSTICE BELL:  On the other hand, if there were manual
    44        sheets up until a time not long before Mr. Logan left, I
    45        would like to think of the ramifications of that.
    46
    47   MR. RAMPTON:  My Lord, it is not so much the practical
    48        ramifications, although I foresee difficulties there as
    49        well because of lack of specificity, even now that we have
    50        been given some sort of particulars.  I do not know what 
    51        your Lordship really has in mind.  I do not know whether 
    52        your Lordship wants to hear argument now.  I have a 
    53        somewhat different objection to producing random schedules
    54        and time sheets and so on and so forth, but I do not know
    55        whether your Lordship wants me to develop that now.
    56
    57        Obviously, where there is a lot of paper concerned without
    58        any eventual tangible benefit for the case, I object
    59        anyway.  But the question I ask -- I may as well ask it now
    60         -- is this:  Suppose that the schedule sheets for the

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