Day 171 - 11 Oct 95 - Page 41


     
     1        where the letter which Mr. Richards has said he did see,
     2        where it last was in the possession of the second
     3        Plaintiff.  Is there anything you would want to say about
     4        that?
     5
     6   MR. RAMPTON:  My Lord, yes, I think I probably do.  Mr. Richards
     7        has said that he has seen it.  It is Mr. Richards who has
     8        been looking for it and cannot find it.  The idea that he
     9        should swear an affidavit and in any way he may have to
    10        come back and give further sworn evidence does at first
    11        sight seem to me a little bit excessive, if I may say.
    12
    13   MR. JUSTICE BELL: It is just that if an employee did bother to
    14        write a letter with a certain number of heads of complaint,
    15        one would expect it to get to the restaurant manager at
    16        least, and, if it has gone absent without leave, comment
    17        might be made about that.
    18
    19   MR. RAMPTON:  Well, it might be.  If your Lordship says we must
    20        do it, we will do it.
    21
    22   MR. JUSTICE BELL:  On the sweeping under the carpet basis.
    23
    24   MR. RAMPTON:  If that were really a fair comment on McDonald's
    25        conduct, one would not find, as one has throughout this
    26        case, that there were documents all over the place, none of
    27        which, I am happy to say, on emergence I have been in the
    28        least bit concerned about, they would all have been
    29        destroyed as soon as the writ was issued.
    30
    31   MR. MORRIS:  The documents we are concerned about are the ones
    32        that do not appear.
    33
    34   MR. RAMPTON:  I see.  That is a helpful observation.
    35
    36   MR. JUSTICE BELL: All I am saying is, I can imagine that there
    37        might be argument one day, one way or the other, at the end
    38        of the day:  how is it that a document like this is no
    39        longer in existence -- this particular one?
    40
    41   MR. RAMPTON:  All right.  I am being told to shut up.  It is not
    42        a problem to do that.  I have got the incident report forms
    43        now, but they are on my chambers recycled sponge paper.
    44
    45   MR. JUSTICE BELL: I am not going to make any order.  I have made
    46        an order as to the incident report forms, and it is a
    47        matter of waiting and seeing what comes, it seems to me.
    48
    49   MR. RAMPTON:  If anybody can read it, they are better off then
    50        I am, because I certainly cannot.  My Lord, that is all 
    51        I have to say. 
    52 
    53   MR. JUSTICE BELL: Yes.  Just give me a moment, Mr. Morris.  I do
    54        not think I need ask you about number 1, on the basis that
    55        anything else of relevance must be for the judgment of
    56        Mr. Rampton, since you have not identified particular
    57        documents apart from performance reviews and complaint
    58        details; on that basis, although I will give a word
    59        processed ruling so that you can have the full terms of it,
    60        and Ms. Steel can have it as well, I propose to grant you

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