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
21 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
41 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