Day 149 - 06 Jul 95 - Page 13
1
2 MR. RAMPTON: My Lord, all I would say is that this application,
3 which now I think is an application for discovery, has been
4 already dealt with, I do not know, earlier this year, save
5 and except for the fact that at that time your Lordship was
6 not shown Mr. Wertz's documents.
7
8 MR. JUSTICE BELL: I appreciate that. But what I am prepared to
9 do, when I re-read my 27th February ruling, I may find that
10 you are right. I cannot remember now whether I referred to
11 the pleading on page 16 or not.
12
13 MR. RAMPTON: No, you did not; that is quite right.
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15 MR. JUSTICE BELL: I have a feeling -- and I do not think it is
16 helpful to say more than this -- which I would like some
17 assistance on, that I made the ruling on 27th February,
18 neglecting the pleading on page 16 of tab 1.
19
20 MR. RAMPTON: That may or may not be so. The fact is, I never
21 took the point it was not pleaded. I have always known it
22 was pleaded. Our position is that we have never had any
23 documents. But perhaps it is best left until next time.
24
25 MR. JUSTICE BELL: What I suggest is that we thrash it out the
26 week after next. Are you content with that, Mr. Morris?
27 I cannot see that you lose anything by it.
28
29 MR. MORRIS: No. I think that is the best course to take.
30 Thank you.
31
32 MS. STEEL: I think the only thing we have left is
33 Jill Barnes. If it is possible, we would like to have a
34 five-minute chat about that.
35
36 MR. JUSTICE BELL: I will come back at half past 11.
37
38 (Short Adjournment)
39
40 MS. STEEL: I do not know whether you have a copy of the
41 Minutes of the Health and Safety ---
42
43 MR. JUSTICE BELL: Yes, I forget where they went.
44
45 MS. STEEL: -- and of the Health and Safety Update?
46
47 MR. RAMPTON: My Lord, the first of those documents is 57V in
48 XIII. The second of those documents is behind the accident
49 statistics in tab 57M in the same file.
50
51 MR. JUSTICE BELL: Yes.
52
53 MS. STEEL: Large sections of both of these documents have been
54 blanked out. As far as we can see, as the Minutes of the
55 Health and Safety Task Force meetings, they must be
56 relevant to the issue of health and safety and, therefore,
57 should be disclosed in their complete form. The same goes
58 for the Health and Safety Update presented to McDonald's --
59 I think it was presented to McDonald's top management or
60 something like that -- where large parts of that are
