Day 168 - 03 Oct 95 - Page 04
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2 MR. JUSTICE BELL: What I anticipate is it is a document which
3 Mr. Logan has had and which he faxed up yesterday.
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5 MR. RAMPTON: I see that, but there it is.
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7 MR. JUSTICE BELL: No doubt we will discover in due course.
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9 MS. STEEL: Can I just say, this was actually referred to by
10 Mr. Richards yesterday when he said that the Company had
11 responded to the one to 10 complaints that Mr. Logan had
12 made to the Department of Employment.
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14 MR. RAMPTON: But, my Lord, my point about the timing is that
15 Ms. Steel always sees criticisms where none are meant. My
16 point about the timing is this: This emerges because of
17 the handwritten piece of paper which Mr. Morris made in
18 court yesterday. It was never part of the case until
19 then. What that means is we have not had a chance to
20 consider this.
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22 MR. JUSTICE BELL: I am not adverse to your request.
23 Mr. Morris, what do you want to say about the timing of the
24 discovery application?
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26 MR. MORRIS: Our position is the documents that we are seeking
27 are relevant. Most of them, apart from ones related to the
28 very specific people that we only need the names of the
29 night before last, should have been disclosed when
30 Mr. Richards made a statement. It was obvious what the
31 contention was between him and Mr. Logan. Mr. Logan's
32 complaints on leaving McDonald's, Mr. Richards said he had
33 seen or he had knowledge of and, therefore, it could have
34 been disclosed matters about that anyway.
35
36 I do not know what the Plaintiffs have done since
37 yesterday. We have not received yet the incident report
38 forms, even though they were ordered and they were actually
39 sought three weeks ago, and they were ordered a week ago,
40 whatever it was. They were allegedly put in the post last
41 Thursday and we still have not received them, and even
42 though audited report forms have to have copies kept at the
43 Headquarters, so they must have them at Headquarters and
44 they could also fax copies of them over if they have not
45 arrived in the post.
46
47 Some of these documents which we have sought here are
48 available through computers at Headquarters in any event.
49
50 MR. JUSTICE BELL: I am asking you about when -- this is the
51 substantial argument -- this is not something which can be
52 done in even half an hour, I do not think. What I am
53 asking you to do is comment on my suggestion that we hear
54 that as a set piece at some stage when we can find time for
55 it, but since Mr. Richards is here, and I do not want to
56 waste a day if I can avoid it, you continue with your
57 cross-examination.
58
59 If, having heard the argument, I order discovery, we can
60 look at the documents and see whether, in fact,
