Day 164 - 26 Sep 95 - Page 40


     
     1
     2   MR. RAMPTON:  There might be none at all.
     3
     4   MR. JUSTICE BELL:  Absolutely.  That is why I said if there are
     5        any.
     6
     7   MR. RAMPTON:  Yes.  My Lord, I am turning my face, I am not turn
     8        my face against making discovery of documents which might
     9        show that there were well-founded complaints of
    10        under-cooked products at a time when Mr. Logan was in a
    11        position to know about them.  I am not going to make
    12        discovery so as to help Mr. Logan invent some evidence he
    13        does not already know; I am not going to do that.  But if
    14        there is a period when Mr. Logan might have known of these
    15        complaints and it is specified to us, then we will look to
    16        see what, if any, well-founded complaints there were during
    17        that period and make discovery in accordance with that.
    18
    19        I have to tell your Lordship that it is our intention at
    20        the moment to call Mr. Richards at the beginning of next
    21        week.  If, in the meantime, Mr. Morris should think it
    22        appropriate to supply us with some chapter and verse so far
    23        as A, B, and C of paragraph 4 of his letter are concerned,
    24        well, then, we will see if we can find anything specific
    25        relating to a name and a period before that time that
    26        Mr. Richards gives evidence.  Otherwise, unless ordered to
    27        do so, we shall not do anything at all save in relation to
    28        D.
    29
    30        Mr. Morris seems to be in regular contact with Mr. Logan so
    31        there should be no difficulty at all in the next day or two
    32        in his providing us with a list of names or dates for each
    33        of these categories of documents, of people who were
    34        victimized, to Mr. Logan's knowledge, in the way which he
    35        alleges in his statement.  Quite apart from anything else,
    36        the Defendants can be perfectly sure that is one of the
    37        things that I should tax Mr. Logan rather heavily in
    38        cross-examination.  So, it would not be any bad thing for
    39        him to search his memory before we get to that stage.
    40
    41   MR. MORRIS:  It would not be any harm for the Plaintiffs to
    42        search their documents either.
    43
    44   MR. RAMPTON:  I respond to that helpful interjection by
    45        reminding -----
    46
    47   MR. JUSTICE BELL:  There is no need to.
    48
    49   MR. RAMPTON:  No, my Lord, it is a point of some substance.
    50        I do remind your Lordship ----- 
    51 
    52   MR. JUSTICE BELL:  I will express my view.  I do not see any 
    53        point in your client looking through a lot of documents
    54        just in the hope that one or two of them may turn out to be
    55        relevant.  For instance, the weekly time sheets, if I have
    56        understood -- I will be corrected if I am wrong --
    57        Mr. Morris is asking to what may amount between 4,500 and
    58        5,000 documents.
    59
    60   MR. MORRIS:  No, the weekly time sheets, if I can interject, are

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