Day 168 - 03 Oct 95 - Page 03

     1        Morris', everything else here to an extent at least must be
     2        argued.  That is likely to take a little time.
     4        What your Lordship, I believe, indicated yesterday was
     5        that, if necessary, discovery having been made after
     6        argument and, according to your Lordship's order, such as
     7        it may be, your Lordship will decide whether or not
     8        Mr. Richards would need to come back.
    10   MR. JUSTICE BELL:  I think this has turned into a much more
    11        substantial argument than just a five, 10 minute gloss on
    12        anything which was argued and which might be the subject of
    13        a ruling on a number of matters.  The way my mind is
    14        working at the moment is that we should press ahead with
    15        cross-examination of Mr. Richards on what we have at the
    16        moment and, hopefully, we will finish cross-examination of
    17        Mr. Richards, subject to any discovery which I do order in
    18        the future in relation to Bath and the question of any
    19        recall of Mr. Richards, and then at some stage in the near
    20        future, I hope -- we move off bath after Mr. Richards ---
    22   MR. RAMPTON:  Yes, we do.
    24   MR. JUSTICE BELL:  -- I will hear proper argument about what we
    25        should have.  I make it clear that, having heard argument,
    26        it may be that I will make some preliminary order as to
    27        discovery or give some indication as to what should come
    28        first.  So, before the possibility of more extensive
    29        discovery is directed or ordered, we can have a look at
    30        what is forthcoming, and go from there.  Because what I
    31        have to do is try to balance the possibility that
    32        documentation might really help against the fact that I am
    33        extremely reluctant to keep having more and more discovery
    34        as the case progresses, because the time approaches as the
    35        witnesses are to be called or as they come into the witness
    36        box it is discovered there might be more relevant
    37        documents.  That is balance having heard argument, I have
    38        to draw in some way.
    40   MR. RAMPTON:  Yes.  My Lord, two things:  I respectfully accept
    41        what your Lordship has said and it will certainly be the
    42        course that I would recommend.  My Lord, can I say two
    43        things, first, Mr. Morris has written "promised" beside
    44        item 4 of his list -- not so, in fact.  Looking at
    45        yesterday's transcript at page 59, what I did promise was
    46        to look for the Head Office store audit (in the singular)
    47        which is alleged to have been critical of the performance
    48        review practices at Bath.  So the word "promise" should be
    49        crossed out or else the entry should be amended.  That is
    50        the only comment I make about that at the moment. 
    52        My Lord, as to these questions, I wonder if I might have 
    53        your Lordship's leave for Mr. Atkinson to show this
    54        document to Mr. Richards and ask him if he is familiar with
    55        it, whether he has seen it before and, if so, if he is in a
    56        position to deal with the various matters which it raises.
    57        At present, I make no comment about the timing of the
    58        emergence of this document.  I say only that it is
    59        unfortunate it should have happened while the witness is in
    60        the witness box.

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