Day 168 - 03 Oct 95 - Page 02

     
     1                                      Tuesday, 3rd October 1995
     2
     3   MR. RAMPTON:  Your Lordship has probably just been handed, as I
     4        have, a new document.  It need not necessarily hold matters
     5        up.  Your Lordship will see that it apparently comes from
     6        Mr. Logan.  He says -----
     7
     8   MR. JUSTICE BELL:  Shall I just read it through?
     9
    10   MR. RAMPTON:  Yes.
    11
    12   MR. JUSTICE BELL:  Yes.
    13
    14   MR. RAMPTON:  I do not know which document -- has your Lordship
    15        been reading that document, a thing called "Questions"?
    16
    17   MR. JUSTICE BELL:  Yes.
    18
    19   MR. RAMPTON:  It appears that it is something Mr. Logan wrote
    20        back in November 1994 when he left.  He resigned and my
    21        belief is this is an attempt by him to say he was
    22        constructively dismissed and, therefore, to get whatever
    23        you get from the government in those circumstances.  My
    24        Lord, I have already said that we will look out any
    25        additional documents that may be relevant to that
    26        question.  It is one of the things which I said yesterday
    27        that we will do.
    28
    29        First of all, I do not know whether it is proposed to
    30        cross-examine Mr. Richards on the basis of this document;
    31        if it is, I do not know how much Mr. Richards knows about
    32        it and, plainly, if he is to be cross-examined, this having
    33        been produced while he is in the witness box, I would
    34        invite your Lordship to say that we should have the chance,
    35        at least, to find out whether he can deal with it before
    36        any questions are asked about it.
    37
    38        The other thing your Lordship may have been given is what
    39        I take to be an application by Mr. Morris for discovery.  I
    40        have a number of some trenchant comments to make about it.
    41
    42   MR. JUSTICE BELL:  I had better just read through that.
    43
    44   MR. RAMPTON:  Yes.
    45
    46   MR. MORRIS:  Can I just ask, can you read the top
    47        left-handwritten words, "priority"?
    48
    49   MR. JUSTICE BELL:  Yes.
    50 
    51   MR. MORRIS:  I am not sure if that came out.  (Pause). 
    52 
    53   MR. JUSTICE BELL:  Yes.
    54
    55   MR. RAMPTON:  My Lord, I do not believe myself -- of course, it
    56        is entirely a matter for your Lordship -- this is the right
    57        moment while the witness is here to argue these questions
    58        of discovery.  I take my cue from what your Lordship said
    59        yesterday which was that, subject to the three exceptions,
    60        one of which is misrepresented in this document of Mr.