Day 168 - 03 Oct 95 - Page 05

     
     1        Mr. Richards should be recalled or not.
     2
     3   MS. STEEL:   I just want to say this:  I think the point
     4        Mr. Morris is making is that, effectively, we are suffering
     5        because of the Plaintiff's delay in making discovery over
     6        things that are in their possession and which we have
     7        requested.
     8
     9   MR. JUSTICE BELL:  This is pre-empting the argument.
    10
    11   MS. STEEL:   It relates to whether or not it should take place,
    12        well, when it should take place.  Can I just say, in
    13        relation to the incident report forms, Mr. Rampton did
    14        actually say yesterday that they had details of some of
    15        them from Head Office.  To get details of them from Head
    16        Office, Head Office must have copies of them and,
    17        therefore, they could have been disclosed, yet they still
    18        have not been.
    19
    20   MR. MORRIS:  As far as going ahead with the witness, we are
         happy to leave that to your advice on that.
    22
    23   MR. JUSTICE BELL:  Yes.
    24
    25   MR. MORRIS:  We are not objecting to Mr. Atkinson questioning
    26        Mr. Richards about the Logan Department of Employment
    27        statement.
    28
    29   MR. JUSTICE BELL:  Yes.  I will hear applications, any
    30        applications, for outstanding Bath discovery as a set piece
    31        but not today.  We should proceed today with
    32        cross-examination of Mr. Richards.  I will consider the
    33        possible recall of Mr. Richards when any further discovery
    34        which I may order has been effected.  It would be helpful
    35        to me if the Second Plaintiff could discover what, if any,
    36        of the documents which are on Mr. Morris' list of today,
    37        that is one to 11, exist, and how extensive they are.  I do
    38        not mean necessarily down to the last sheet of paper, but
    39        so I have some idea of the paperwork involved.
    40
    MR. RAMPTON:  Yes.
    42
    43   MR. JUSTICE BELL:  I made a list this morning, for instance, of
    44        what I thought were the possible documents which might be
    45        raised as a result of what Mr. Richards said yesterday
    46        afternoon.  It is no criticism of Mr. Richards or his
    47        answers, but in one or two cases, having read through my
    48        notes, it is unclear as to exactly what the documents were
    49        which he was referring to, particularly, for instance, when
    50        we came to time sheets in relation to each day worked and 
    51        the sheets of paper which have people's names on with a 
    52        code for no hours or over 39 hours, and the documentation, 
    53        the exact nature of the paperwork, upon which a Manager who
    54        had altered a clock card entered his own code and the
    55        reason for the alteration.
    56
    57        Whatever further questions Mr. Richards may be asked about
    58        that in the course of today, it would be helpful to know
    59        what the actual documentation is which is available.  What
    60        I do not want is arguments about whether something should