Day 128 - 24 May 95 - Page 40


     
     1
     2   MR. RAMPTON:  Again, my Lord, Ms. Steel really must not do
     3        this.  She knows perfectly well, I think, that the Company
     4        was acquitted on appeal to the Crown Court.
     5
     6   MS. STEEL:  No, I do not know that actually.  There is an appeal
     7        notice in there ---
     8
     9   MR. RAMPTON:  Yes.
    10
    11   MS. STEEL: --  but there is nothing of the result of the appeal
    12        which I presume there would be if the Company had been
    13        acquitted.
    14
    15   MR. JUSTICE BELL:  Do we have evidence that it was?
    16
    17   MR. RAMPTON:  I cannot remember, my Lord, without trawling
    18        through.
    19
    20   MR. JUSTICE BELL:  Is this the one we had some time ago?
    21
    22   MR. RAMPTON:  I think Mr. Nicholson may have spoken about it.
    23        I cannot remember now.  That is the fact.  If necessary, it
    24        could be proved by a formal notice or certificate of
    25        acquital from the Crown Court.
    26
    27   MR. JUSTICE BELL:  I think, before we go to that length, that
    28        someone should discover whether it was Mr. Nicholson --
    29        someone has mentioned an appeal succeeding.
    30
    31   MR. RAMPTON:  Yes, that is right.
    32
    33   MR. JUSTICE BELL:  I cannot recall what it was in relation to.
    34
    35   MR. RAMPTON:  I cannot remember who it was, but it was mentioned
    36        in evidence.  I am sure of that.
    37
    38   MS. STEEL:   The final document is a notice of appeal, but there
    39        is nothing that appears after that.
    40
    41   MR. JUSTICE BELL:  Yes, I can see the notice of appeal and I am
    42        not asking it to be tracked down now, but at some stage
    43        I must know whether there is actual evidence of a
    44        successful appeal.
    45
    46   MS. STEEL:  What steps did the Company take after this court
    47        case?
    48        A.  I believe the floor was replaced.
    49
    50   Q.   Were there steps taken to check all stores with similar 
    51        tiling? 
    52 
    53   MR. RAMPTON:  My Lord, I am sorry to interrupt, but it is
    54        actually paragraph 13 of Mr. Sid Nicholson's second
    55        statement.  He says "and on appeal by the Gravesham County
    56        Court"; whether he mentioned it in evidence, at the moment
    57        I cannot remember.
    58
    59   MR. JUSTICE BELL:  It is a matter for you, Mr. Rampton, as to
    60        whether you can identify it in his evidence and, if it is

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