Day 164 - 26 Sep 95 - Page 31
1 to or anything like that.
2
3 MR. JUSTICE BELL: It is a drop in the ocean, is it not? You
4 have had Ms. Barnes give evidence about it and you have all
5 the recommendations which she says were put into effect.
6
7 MR. MORRIS: The Bath store documents, the problem is I have not
8 got the statements with me because we have not put them in
9 our file.
10
11 MR. JUSTICE BELL: Listen, let me make a comment on that because
12 when you got going on that I was going to say that I want
13 you to tell me at this stage in the case just what
14 documents you think should be disclosed and what their
15 importance or potential importance is to particular issues
16 in the case, or between one witness or another, so that
17 I could grapple with particular documents rather than just
18 general discovery at this stage. Are you able to do that?
19
20 MR. MORRIS: In terms of the Bath store?
21
22 MR. JUSTICE BELL: Yes. What I was expecting you to do is say:
23 "Look at this statement; that must mean there is this
24 document which it would be material to see for this
25 reason". Then I would make a list of those documents or
26 classes of documents and we would see where we went from
27 there.
28
29 MR. MORRIS: Yes. I do not know if you have my letter of
30 11th September?
31
32 MR. JUSTICE BELL: Yes.
33
34 MR. MORRIS: I actually identified the specific documents sought
35 and the dates to the Plaintiffs.
36
37 MR. JUSTICE BELL: 11th September?
38
39 MR. MORRIS: I am sure I sent it to -----
40
41 MR. JUSTICE BELL: Yes.
42
43 MR. MORRIS: It is point (4) of that document.
44
45 MR. JUSTICE BELL: What I would like you to do is take me
46 through those with reference to statements, if need be,
47 saying why you consider -- are any of them conceded at all,
48 Mr. Rampton?
49
50 MR. RAMPTON: Not as stated. My problem is that Mr. Morris (and
51 this is just a graphic way of putting it) has a net almost
52 as broad as the North Sea. If he would be more specific
53 and say: "Well, look, the following incidents", according
54 to Mr. Logan, "took place at particular dates" and
55 Mr. Richards who is our witness in relation to Bath
56 disputes it in relation to a particular incident, and it
57 involves the use or misuse of a clock card, why, then
58 I would agree. That is just an example. I would agree
59 that that one should make discovery of that or those
60 particular clock cards if they still exist and are
