Day 171 - 11 Oct 95 - Page 38
1 thoughts which have cross my mind.
2
3 MR. RAMPTON: Can I say two things? I do, as a matter of fact,
4 see the case as I think I understand your Lordship sees
5 it. There is no question about that. Can I say two
6 things? As a matter of strict obligation for discovery,
7 I do not believe, and respectfully submit that I am not
8 obliged to make discovery in relation to particular
9 criticisms which the Defendants have been unable, through
10 whatever sources are available to them to make, either in
11 the pleading or through a witness. That I believe to be
12 the strict position.
13
14 Howsoever, I am very anxious that your Lordship should
15 reach a right conclusion, with respect. It is not meant to
16 sound impertinent, but I am anxious that your Lordship
17 should reach a right conclusion in this case and not a
18 false conclusion based on inadequate material. If to that
19 end, and to that end alone, I can supply your Lordship with
20 material which does not lead to days and days of
21 investigation of paltry incidents -- not for the
22 individuals concerned, but for the issues in the case --
23 over periods of hours or days, then I am willing to do it.
24 What I am not willing to envisage or embark on, unless I am
25 ordered to do so by your Lordship, is detailed
26 investigation of this, that or the other little incident at
27 Bath or criticism, be it major or minor, over a period of
28 two years, because I really do believe -- and I hope
29 I might persuade your Lordship that I am right about it --
30 that in the end that has little, if any, bearing on the
31 outcome of the case, because what matters after all in a
32 case of this kind, since the Company is the Plaintiff, are
33 really four things -- I do not know whether I have said
34 this before; if I have, I apologise, and I will say it
35 again: what policies the Company has in each area of the
36 case; what systems it has to see that those policies are
37 applied in practice; what despite those systems may go
38 wrong from time to time; and, fourth, what, if they do go
39 wrong the Company, does to remedy them.
40
41 There is no doubt on the evidence in the case so far, and
42 as a matter of ordinary common sense and knowledge of the
43 world, that category 3 exists; things do go wrong from time
44 to time. But if categories 1, 2 and 4 are in place so far
45 as the Plaintiffs are concerned, why then, really this part
46 of the case is at an end.
47
48 If we can assist your Lordship to a proper conclusion on
49 those four categories, the first two and the last one in
50 particular, by making a discovery which we do not believe
51 we are strictly bound to make, we will nonetheless make
52 it.
53
54 MR. JUSTICE BELL: Thank you.
55
56 MR. RAMPTON: My Lord, that deals with what I call unspecified
57 criticisms; and they do remain unspecified.
58
59 I think that leaves only, so far as I am concerned, the rap
60 sessions, the notes of the rap sessions. I think I have
