Day 164 - 26 Sep 95 - Page 40
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2 MR. RAMPTON: There might be none at all.
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4 MR. JUSTICE BELL: Absolutely. That is why I said if there are
5 any.
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7 MR. RAMPTON: Yes. My Lord, I am turning my face, I am not turn
8 my face against making discovery of documents which might
9 show that there were well-founded complaints of
10 under-cooked products at a time when Mr. Logan was in a
11 position to know about them. I am not going to make
12 discovery so as to help Mr. Logan invent some evidence he
13 does not already know; I am not going to do that. But if
14 there is a period when Mr. Logan might have known of these
15 complaints and it is specified to us, then we will look to
16 see what, if any, well-founded complaints there were during
17 that period and make discovery in accordance with that.
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19 I have to tell your Lordship that it is our intention at
20 the moment to call Mr. Richards at the beginning of next
21 week. If, in the meantime, Mr. Morris should think it
22 appropriate to supply us with some chapter and verse so far
23 as A, B, and C of paragraph 4 of his letter are concerned,
24 well, then, we will see if we can find anything specific
25 relating to a name and a period before that time that
26 Mr. Richards gives evidence. Otherwise, unless ordered to
27 do so, we shall not do anything at all save in relation to
28 D.
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30 Mr. Morris seems to be in regular contact with Mr. Logan so
31 there should be no difficulty at all in the next day or two
32 in his providing us with a list of names or dates for each
33 of these categories of documents, of people who were
34 victimized, to Mr. Logan's knowledge, in the way which he
35 alleges in his statement. Quite apart from anything else,
36 the Defendants can be perfectly sure that is one of the
37 things that I should tax Mr. Logan rather heavily in
38 cross-examination. So, it would not be any bad thing for
39 him to search his memory before we get to that stage.
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41 MR. MORRIS: It would not be any harm for the Plaintiffs to
42 search their documents either.
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44 MR. RAMPTON: I respond to that helpful interjection by
45 reminding -----
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47 MR. JUSTICE BELL: There is no need to.
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49 MR. RAMPTON: No, my Lord, it is a point of some substance.
50 I do remind your Lordship -----
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52 MR. JUSTICE BELL: I will express my view. I do not see any
53 point in your client looking through a lot of documents
54 just in the hope that one or two of them may turn out to be
55 relevant. For instance, the weekly time sheets, if I have
56 understood -- I will be corrected if I am wrong --
57 Mr. Morris is asking to what may amount between 4,500 and
58 5,000 documents.
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60 MR. MORRIS: No, the weekly time sheets, if I can interject, are
