Day 167 - 02 Oct 95 - Page 03

     
     1
     2   MR. JUSTICE BELL:  I will tell you why I ask the question,
     3        because if there was a real prospect of you finishing some
     4        time before 1 o'clock, if it would help, and he would
     5        agree, I was going to suggest that Mr. Atkinson might when
     6        we adjourn, if it is before 1 o'clock, listen to what you
     7        have to say about the programme and see if there is a
     8        solution to it.  Have you actually spoken to anyone on
     9        McDonald's side about it?
    10
    11   MR. MORRIS:  No.
    12
    13   MR. JUSTICE BELL:  You see, in any other litigation the party
    14        who was not satisfied with the document or had a query
    15        about it would say:  "Look, what about this?" and it would
    16        only ever come to the judge if the answer did not solve the
    17        potential problem.
    18
    19   MR. MORRIS:  Yes.
    20
    21   MR. JUSTICE BELL:  Do you have anything to say about that,
    22        Mr. Rampton?
    23
    24   MR. RAMPTON:  No, my Lord.  I do not know of any problems.  It
    25        is not our function to help Mr. Morris or Ms. Steel
    26        understand the document.  If they do not understand it,
    27        that is their funeral.
    28
    29   MR. JUSTICE BELL:  You say that, but then they would be
    30        perfectly entitled to spend perhaps half a day asking a
    31        witness to explain it to them.  That I would like to
    32        avoid.
    33
    34   MR. RAMPTON:  Yes, I understand that but, as far as I am aware,
    35        the document is easy to comprehend.  If there is something
    36        missing from it, that is a different matter, something
    37        relevant then that ought to be supplied.  While I am on my
    38        feet, your Lordship did ask us to find out -- your Lordship
    39        remembers this has "drive-through" on the front of it ---
    40
    MR. JUSTICE BELL:  Yes.
    42
    43   MR. RAMPTON:  -- whether there was any other form of the
    44        schedule.  The answer is, no, there is not.  On page 3, in
    45        fact, which I did not spot last week when your Lordship
    46        raised the question, it says at the bottom of the third
    47        page:  "The crew scheduling programme has been written for
    48        all restaurants" and the word "all" who is in bold.  It
    49        confirms the information that I have been given, that this
    50        is the only version. 
    51 
    52   MR. JUSTICE BELL:  What I suggest we do is we proceed.  There is 
    53        something I want to say about the bundles but, having done
    54        that, unless there is any other queries, we proceed with
    55        Mr. Tindale.  If we finish comfortably before 1 o'clock,
    56        well and good, otherwise I will provide some time either,
    57        say, between 2.00 and 2.15 or by rising a little earlier at
    58        the end of the afternoon, so that you can talk to
    59        Mr. Atkinson and see if you can find what the answer is to
    60        your query.