Day 216 - 06 02 96 - Page 40

 
 

                                                                  DAY 216
 
                                             KEVIN HARRISON, Re-examined:
 
 
 
     1        have said that this is only relevant because of the new
     2        thing in the statement.
     3
     4        In Mark Davis's first statement, on page 16 or bundle
     5        page 224, Mr. Davis actually said at
     6        paragraph 46: "Mr. Harrison's complaints about being moved
     7        to the Ipswich store are similarly exaggerated.  His
     8        contract would have contained a mobility clause."  So it is
     9        clearly something that they thought was an issue at that
    10        time; and they should have disclosed this a lot sooner.
    11
    12        It has not had any effect in terms of Mr. Harrison's
    13        evidence, but what I am extremely concerned about is that
    14        it appears that the Plaintiffs have actually got documents
    15        in their possession and they are only disclosing them when
    16        they think it is suiting their own interests, which is not
    17        a proper conduct; and I just want that complaint to be on
    18        the record.
    19
    20   MR. JUSTICE BELL:  Do you want to say anything about that,
    21        Mr. Rampton?
    22
    23   MR. RAMPTON:  No, my Lord, I do not.  It has only struck me that
    24        there might be something in the contract when I looked at
    25        the new Harrison statement -- well, in fact, it was
    26        yesterday.  But I saw that it said, "I was transferred to
    27        the Ipswich store against my will", and I had a
    28        recollection that the Manager's contract says you have to
    29        work where the Company tells you.  So I had a look at the
    30        file and I found the contract and I found what he actually
    31        said himself about his willingness to be mobile.
    32
    33   MR. JUSTICE BELL:  Yes.
    34
    35   MR. RAMPTON:  As to the general allegation about not disclosing
    36        relevant documents, my Lord, I have no comment to make.
    37
    38   MR. JUSTICE BELL:  I am not so much concerned with positive
    39        non-disclosure.  I get slightly anxious if documents are
    40        produced late in the day which help to produce this case
    41        rather than the -----
    42
    43   MR. RAMPTON:  My Lord, it works both ways.  We sometimes get --
    44        we all do -----
    45
    46   MR. JUSTICE BELL:  To be fair, you have disclosed some documents
    47        from time to time which help the Defendants' case.
    48
    49   MR. RAMPTON:  Exactly.
    50 
    51   MR. JUSTICE BELL:  It is, possibly, just a question of what one 
    52        focuses in on.  I can see how the anxiety about it arises 
    53        when all the documents are essentially in the control of
    54        one party rather than the other, but there you are.
    55        Ms. Steel has made her point.  You have given your account
    56        of how it has come about.
    57
    58   MR. RAMPTON:  I do not know about your Lordship but I,
    59        personally, do not give it any weight at all.  I am
    60        perfectly confident, though so far as is humanly possible
 
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