Day 164 - 26 Sep 95 - Page 22


     
     1        given to us.  That will save time and effort all round.
     2
     3        In the absence of that, either that time should be set
     4        aside for us to go to their offices or that they should
     5        just bring it to court and then we could look at it to see
     6        how much observation there needs to be of it, inspection
     7        there needs to be.  It is not the normal practice, as far
     8        as I can see.  The normal practice is to provide copies of
     9        documents.  That is the modern normal practice.
    10
    11   MR. RAMPTON:  My Lord, the normal practice is to provide copies
    12        when the other side pays for them.  That is the normal
    13        practice.  The Defendants have necessarily had much more
    14        than they would ordinarily be entitled to because we have
    15        habitually copied documents at our expense.  This time we
    16        are not prepared to do it.
    17
    18   MS. STEEL:  Because the reason that they are provided  -----
    19
    20   MR. JUSTICE BELL:  One at a time and just present your argument.
    21
    22   MS. STEEL:  Sorry.  The reason they are provided at the
    23        Plaintiffs' expense is because the Plaintiffs did ask for
    24        an order that we had to return all the documents at the
    25        conclusion of the trial provided that they paid for those
    26        documents to be photocopied.  That was the order that was
    27        granted by Justice Drake.
    28
    29   MR. JUSTICE BELL:  Where is St. Botolph Street?
    30
    31   MR. RAMPTON:  My Lord, it is by Aldgate East tube station, just
    32        a step across the road from Aldgate East tube station
    33        which, I think, is on the District line and the Circle line
    34         -- not Aldgate East, Aldgate.  Sorry.
    35
    36   MR. JUSTICE BELL:  I will rule on that matter in due course.
    37        What is the next discovery?
    38
    39   MR. MORRIS:  The UK management and crew scheduling programme.
    40        This was something that was brought up in our application
    41        that you ordered on a number of documents, but on this
    42        particular one I did not think you ordered on it.  I have
    43        not got the copy of your order, but it is something like
    44        the Plaintiffs said they would look into it or something.
    45
    46   MR. JUSTICE BELL:  You had better tell me a bit more about just
    47        what you think it contains.
    48
    49   MR. MORRIS:   In their letter of -----
    50 
    51   MS. STEEL:  I believe that I made an application for this at the 
    52        end of last term.  To be honest, I cannot recall entirely 
    53        but I think that it was referred to by a witness or it was
    54        referred to in one of the other documents that we have as
    55        something that was used in order to compile a schedule of
    56        which employees were working what hours which week.
    57        Obviously, that would be relevant to the dispute between
    58        the parties about how many hours crew are scheduled to work
    59        and whether they are ever scheduled to work over 39 hours
    60        and what percentage of turnover goes to labour costs and

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