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
