Day 167 - 02 Oct 95 - Page 59
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2 MR. RAMPTON: I can save Mr. Morris in the court quite a lot of
3 time by saying that I believe we ought to look for the
4 Danny Olive letter, certainly I think we ought to look for
5 the Head Office Store Audit, which is said to have been
6 critical -----
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8 MR. JUSTICE BELL: Let me make a note.
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10 MR. RAMPTON: It is unfortunate we do not have a better date for
11 it, but given that we know the ----
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13 MR. JUSTICE BELL: Never mind. A Head Office Store Audit?
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15 MR. RAMPTON: Head Office Store Audit alleged to have been
16 critical of Bath's performance review practices, and we
17 ought to have a look for what Logan is said to have said to
18 the DOE, together with any other relevant documents in that
19 area. Everything else I will resist and, therefore, Mr.
20 Morris can concentrate on those arguments.
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22 MR. MORRIS: You saw ----
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24 MR. JUSTICE BELL: If I can just intervene, without making a
25 decision. It would interest me to know just when the
26 manual schedules, weekly schedules, that is the two or
27 three sheet ones, did come to an end, and what (if any) are
28 still available prior to that time. I have not heard him
29 argue it but, at the moment, I am more inclined to think
30 that what people are scheduled to do may -- although this
31 is not Mr. Morris' case -- be more important than what they
32 end up doing because people are going to fall sick and need
33 replacements, and if an attack is being made on the
34 difference between what the system should be and hours
35 people are planned to schedule, then the schedules may be
36 of more importance. I know you have an argument about what
37 that would involve. But it would help me, as a first step,
38 to know just what is available. There is no point even
39 arguing about it if they stopped three years ago.
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41 MR. RAMPTON: No, quite.
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43 MR. JUSTICE BELL: On the other hand, if there were manual
44 sheets up until a time not long before Mr. Logan left, I
45 would like to think of the ramifications of that.
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47 MR. RAMPTON: My Lord, it is not so much the practical
48 ramifications, although I foresee difficulties there as
49 well because of lack of specificity, even now that we have
50 been given some sort of particulars. I do not know what
51 your Lordship really has in mind. I do not know whether
52 your Lordship wants to hear argument now. I have a
53 somewhat different objection to producing random schedules
54 and time sheets and so on and so forth, but I do not know
55 whether your Lordship wants me to develop that now.
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57 Obviously, where there is a lot of paper concerned without
58 any eventual tangible benefit for the case, I object
59 anyway. But the question I ask -- I may as well ask it now
60 -- is this: Suppose that the schedule sheets for the
