Day 171 - 11 Oct 95 - Page 18


     
     1
     2   MR. JUSTICE BELL: -- the complaint itself?  What you could say
     3        is: "Well, the normal structure of this case has been that
     4        we get witness statements, and we could have gone -- and we
     5        could still, in theory, go -- to all the people who are
     6        named, but we only knew there was an issue about this in
     7        the middle of September because, until then, the Plaintiffs
     8        had not served any statement in reply to ours"; so you
     9        should not be put to going hunting to the witnesses, but
    10        should be given at least a bit of a paper trail by looking
    11        at any complaint documents.  But is there any other point
    12        you have in mind?
    13
    14   MR. MORRIS:  No, I do not.  I cannot think of any other.
    15
    16   MR. JUSTICE BELL:  You could not put it better than that?
    17
    18   MR. MORRIS:  No.  I am finding this quite a difficult
    19        application; in some ways it is quite complicated.
    20
    21   MR. JUSTICE BELL:  Do not worry.
    22
    23   MR. MORRIS:  I have left my notebook at home, as well.
    24
    25        Point three, I am not sure how we can get round that.  It
    26        does not exist for up to the end of 1994.
    27
    28   MR. JUSTICE BELL: I will say that having re-read Mr. Logan's
    29        original longhand statement, having looked at the
    30        industrial tribunal file which he incorporates by the
    31        original short letter, having looked at your particulars
    32        and having looked at his Department of Employment comments,
    33        I was having difficulty with the relevance of temperature
    34        logs at Bath, in any event.  I know you have cross-examined
    35        Mr. Richards about it, but I could not find a complaint
    36        about fridge temperatures, freezer temperatures there.  Did
    37        I miss it?
    38
    39   MR. MORRIS:  You missed something in my note which relates to
    40        what Sean Richards said in his paragraph 19 about checking
    41        temperature logs to verify things -----
    42
    43   MR. JUSTICE BELL:  All you have is: "Temperate log in kitchen
    44        freezers control not reaching correct temperatures". That
    45        is the extent of it, is it not?
    46
    47   MR. MORRIS:  That is the extent of it.  It should say
    48        "temperature", rather than "temperate".
    49
    50   MR. JUSTICE BELL:  At the moment, since I think all parties have 
    51        very sensibly agreed that whatever Mr. Rampton declares in 
    52        open court should be treated as the equivalent of 
    53        Mrs. Brinley-Codd swearing an affidavit to that effect,
    54        there appears to be nothing there.  What about the -----
    55
    56   MR. MORRIS:  The store audit?
    57
    58   MR. JUSTICE BELL:  Yes.
    59
    60   MR. MORRIS:  I cannot remember what the issue is on this.

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