Day 216 - 06 02 96 - Page 41
DAY 216
KEVIN HARRISON, Re-examined:
1 and in a case of this size human nature is fallible, so far
2 as is humanly possible we have made -- and will continue to
3 make -- all proper discovery. Usually it helps us. That
4 is in the nature of the history. Sometimes it helps the
5 Defendants.
6
7 MS. STEEL: Can I just ask for clarification on one point,
8 which is that it sounds from what Mr. Rampton has just said
9 that there are actually more documents in their
10 possession. For example, we did not get the performance
11 reviews of Mark Davis and Ray Coton until after Mr. Coton
12 made his statement and yet, for example, Mark Davis's
13 performance reviews would have been relevant to all the
14 other witnesses that were giving evidence and complaining
15 about the conditions at the store.
16
17 Now, I understand that the Plaintiffs may want to argue
18 that disclosure of such documents are not necessary for the
19 saving of costs, or whatever, but, as I understand it,
20 there are two stages which is, first, the Plaintiffs making
21 a list of what they have in their possession and then, if
22 needs be, an argument as to whether those documents are
23 necessary, or whatever. I think that if there are any
24 documents in their possession, they ought to make a list of
25 it and then we can argue about whether or not they are
26 needed to be actually copied and disclosed.
27
28 MR. JUSTICE BELL: Documents in their possession are ones which
29 are relevant. That is the first stage. You do not just
30 have to list all the documents in your possession. They
31 are ones which are relevant. Then if you ask for
32 inspection of documents on the list there may be an
33 argument that, even though they may have some relevance, it
34 is not necessary to disclose them. But I had not
35 understood Mr. Rampton to be saying there are documents
36 which are relevant which they have not told you about.
37
38 MS. STEEL: It is just that he said he looked in the file and
39 the fact that the application form in there indicates that
40 there might be performance reviews in there, there might
41 be---
42
43 MR. RAMPTON: There are not.
44
45 MS. STEEL: -- the rest of Mr. Harrison's personnel file.
46
47 MR. JUSTICE BELL: I will accept what Mr. Rampton says either
48 expressly or implicitly that, although there may be
49 documents, they are not relevant, until such time as you
50 raise an argument that there is ground to believe, despite
51 any statement to the contrary on behalf of McDonald's, that
52 there are documents which are relevant which have not been
53 listed. If that question arises, then I will hear argument
54 and I will make a ruling. We have got one such question in
55 the wings at the moment, namely the documents you mentioned
56 the other day with regard to Heathrow.
57
58 MS. STEEL: Right.
59
60 MR. JUSTICE BELL: But, in the case of Heathrow, those specific
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