Day 149 - 06 Jul 95 - Page 13


     
     1
     2   MR. RAMPTON:  My Lord, all I would say is that this application,
     3        which now I think is an application for discovery, has been
     4        already dealt with, I do not know, earlier this year, save
     5        and except for the fact that at that time your Lordship was
     6        not shown Mr. Wertz's documents.
     7
     8   MR. JUSTICE BELL:  I appreciate that.  But what I am prepared to
     9        do, when I re-read my 27th February ruling, I may find that
    10        you are right.  I cannot remember now whether I referred to
    11        the pleading on page 16 or not.
    12
    13   MR. RAMPTON:  No, you did not; that is quite right.
    14
    15   MR. JUSTICE BELL:  I have a feeling -- and I do not think it is
    16        helpful to say more than this -- which I would like some
    17        assistance on, that I made the ruling on 27th February,
    18        neglecting the pleading on page 16 of tab 1.
    19
    20   MR. RAMPTON:  That may or may not be so.  The fact is, I never
    21        took the point it was not pleaded.  I have always known it
    22        was pleaded.  Our position is that we have never had any
    23        documents.  But perhaps it is best left until next time.
    24
    25   MR. JUSTICE BELL:  What I suggest is that we thrash it out the
    26        week after next.  Are you content with that, Mr. Morris?
    27        I cannot see that you lose anything by it.
    28
    29   MR. MORRIS:  No.  I think that is the best course to take.
    30        Thank you.
    31
    32   MS. STEEL:   I think the only thing we have left is
    33        Jill Barnes.  If it is possible, we would like to have a
    34        five-minute chat about that.
    35
    36   MR. JUSTICE BELL:  I will come back at half past 11.
    37
    38                       (Short Adjournment)
    39
    40   MS. STEEL:   I do not know whether you have a copy of the
    41        Minutes of the Health and Safety ---
    42
    43   MR. JUSTICE BELL:  Yes, I forget where they went.
    44
    45   MS. STEEL:   -- and of the Health and Safety Update?
    46
    47   MR. RAMPTON:  My Lord, the first of those documents is 57V in
    48        XIII.  The second of those documents is behind the accident
    49        statistics in tab 57M in the same file.
    50 
    51   MR. JUSTICE BELL:  Yes. 
    52 
    53   MS. STEEL:  Large sections of both of these documents have been
    54        blanked out.  As far as we can see, as the Minutes of the
    55        Health and Safety Task Force meetings, they must be
    56        relevant to the issue of health and safety and, therefore,
    57        should be disclosed in their complete form.  The same goes
    58        for the Health and Safety Update presented to McDonald's --
    59        I think it was presented to McDonald's top management or
    60        something like that -- where large parts of that are

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