Day 171 - 11 Oct 95 - Page 35
1 other of those, I would suggest August 1994 simply because
2 it is closer in time to the date when Mr. Logan left and,
3 therefore, it is likely to be reflective of events closer
4 in his memory. That is really all. I have no strong
5 preference about that.
6
7 MR. JUSTICE BELL: Thank you.
8
9 MR. RAMPTON: I have only heard it at third or second hand, so
10 I hope your Lordship forgives me if I have not got a full
11 set or it is in some sense inaccurate. But that is the
12 present state of information. I do not think I have
13 anything more to say about that category of documents.
14
15 Can I go back, then, to item 1 on Mr. Morris' list, the
16 personnel file of Michael Logan. I respectfully agree with
17 your Lordship -- at least, I think this is what your
18 Lordship was saying -- that complaints in themselves really
19 do not tell us anything at all. What matters is whether a
20 complaint was well founded and, if it was, what the Company
21 did about it. Plainly, such matters as a record of
22 performance reviews and when they happened speaks for
23 itself, because that is the Company's own record. As with
24 the other persons named, I would agree that those will be
25 disclosable. But disclosure of what Mr. Morris pleads in
26 his generalist kind of way and calls "complaints" without
27 any specificity, I would certainly resist, simply because
28 I do not see why they are relevant. He adds, I see -----
29
30 MR. JUSTICE BELL: I suppose they might -- the nearest one is
31 likely to get is, and it may be important, as the
32 equivalent of the enquiry agent's notes, they are writing
33 down what, rightly or wrongly, they thought at the time.
34
35 MR. RAMPTON: If Mr. Logan had said at any particular time in
36 1993 or 1994 -- because that is all we have got from his
37 file, anyway -- "Oh, well, so and so has been victimised by
38 the scheduling, and this is a bad thing", and it is one
39 named people, then plainly that would be disclosable. Yes,
40 I would agree with that. So I have missed out complaints
41 details and gone on in Mr. Morris' item to "anything else
42 of relevance". Of course, I agree with that. That is not
43 a problem.
44
45 My same concern relates to 2B. I think I have already
46 dealt with it, when I stood up this morning with 2A. There
47 is no problem with that. The Defendants will not get the
48 whole file, but they have not asked for it. They have
49 asked for selected items, which is what they will get.
50
51 2B, again, is much too broadly drafted: "Any complaints
52 related to any of the issues". I am not sure what is meant
53 by "issues"; and then, writes Mr. Morris, "including
54 management style". I do not read anything in what
55 Mr. Logan has said which might be thought to reflect on
56 management style at Bath. So I am afraid that I would not
57 be agreeable to provide that unless ordered to do so.
58
59 If by "any complaints related to any of the issues"
60 Mr. Morris means any of the specific issues which now have
