Day 198 - 08 Dec 95 - Page 34


     
     1
     2        The documents which have emerged since have arisen in two
     3        ways, one because of Mr. Coton's statement and, secondly,
     4        because by that route the period, the relevant period, has
     5        been extended into the 1990s.  I do not believe, and I have
     6        not got them in front of me because I cannot find them,
     7        that the Profit and Loss figures, if they were ever relied
     8        on, go back so far as 1987.  1990, I think, is the earliest
     9        date, and that is the reason.
    10
    11        As for the supposed clock cards in the roof, or wherever it
    12        was, at Colchester, as your Lordship knows, we looked for
    13        those and we could not find them.  The only time sheets or
    14        clock card sheets we have got is by pure chance that Tracey
    15        Milleine happened to keep the originals which she found in
    16        the waste bag.  Those are the only ones we have got from
    17        that period.  We did not know that Tracey Milleine had
    18        them.
    19
    20   MS. STEEL:  Can I just point out, it has been said before, but
    21        Mr. Brett did say in his statement that he worked for
    22        McDonald's from May 1986 until May 1991.  He made his
    23        statement in July 1993, and he said that he had recently
    24        checked and the clock cards were still in the loft at that
    25        point, and that was a long time after our pleadings and,
    26        therefore, the Plaintiffs should have preserved those
    27        documents and they should have been disclosed.
    28
    29   MR. JUSTICE BELL:  I have to accept that they are no longer in
    30        existence because leading counsel has said it on numerous
    31        occasions.  What I do think would be sensible -- in fact,
    32        I expect that you are more than well aware of it,
    33        Mr. Rampton -- that we come back to the Colchester
    34        witnesses by my preference at the beginning of next term
    35        and that sooner rather than later in the interim real
    36        thought is given to what further documentation might now be
    37        relevant and which might still be in your clients'
    38        possession, custody or control.
    39
    40   MR. RAMPTON:  Of course, I understand that, my Lord, and we will
    41        attend to that, as your Lordship says, a good deal sooner
    42        than later.
    43
    44   MR. JUSTICE BELL:  Right; thank you.
    45
    46   MR. RAMPTON:  If there is any more to come.
    47
    48   MR. JUSTICE BELL:  Mr. Morris, have you got some reading you can
    49        do or some help you can give me about where we are with the
    50        employment witnesses that you would like to call or read? 
    51 
    52   MR. MORRIS:  I want to make a couple of notes. 
    53
    54   MR. RAMPTON:  I will tell your Lordship meanwhile that I have
    55        made a kind of agenda which might affect the bill for
    56        Friday the 15th, which is the last day when your Lordship
    57        will be sitting on this case.  I do not know whether your
    58        Lordship would like me to deal with that now or, perhaps,
    59        it would be better when Mr. Morris has finished making his
    60        note and told your Lordship about his -----

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