Day 168 - 03 Oct 95 - Page 06

     
     1        be, in theory, disclosed if, for instance, it no longer in
     2        any event exists.
     3
     4   MR. JUSTICE BELL:  If there is more to it that is on that sheet
     5        of paper, it would be well to know where it is now.
     6
     7   MR. RAMPTON:  As a matter of fact, we have put all those
     8        enquiries in hand last night and we would be in a position
     9        to tell your Lordship precisely what the position is when
    10        we come back to this question of discovery at some future
    11        date.
    12
    13   MR. MORRIS:  Can we just raise one point on that which is,
    14        obviously, it does not really need to be raised, but can
    15        the people who work at the store be told that none of the
    16        documents should be interfered with in any way?
    17
    18   MR. JUSTICE BELL:  No, I am not going to do that, it is far too
    19        obvious to preach it.  What I will do now is take a break
    20        of about 10 minutes which should be enough for Mr. Atkinson
         to make his enquiries.  It is also with this in mind, that
    22        the only loose end in the comprehensive ruling which I have
    23        to give is the Bath documents.  I do not see why I should
    24        now delay the rest of the ruling.  So I am going to use the
    25        time to give Mr. Dudley some word processing instructions
    26        with a view, possibly, to handing down the ruling this
    27        evening or certainly tomorrow morning.
    28
    29   MR. RAMPTON:  Good.
    30
    31                       (Short adjournment)
    32
    33   MR. ATKINSON:   My Lord, I have had a chance to speak to the
    34        Defendants about this.  I do seek leave just to ask one or
    35        two questions.  What I will not be doing is going over old
    36        territories that have been discussed before, just one or
    37        two matters of specific fact.
    38
    39   MR. JUSTICE BELL:  Yes.
    40
                        SEAN RICHARDS, recalled.
    42                 Examined by Mr. Atkinson, continued.
    43
    44   MR. ATKINSON:  Mr. Richards, are you personally aware as to the
    45        number of people who were on the night shift on
    46        9th November 1994?
    47        A.  I am.  It was nine or 10 employees.
    48
    49   Q.   Nine or 10?
    50        A.  Nine or 10 employees. 
    51 
    52   Q.   In your view, was that adequate for that night shift? 
    53        A.  Easily adequate.
    54
    55   Q.   Are you aware of any practice of selling salads from the
    56        day before the day on which they were being sold because,
    57        for example, too many salads had been made for the day
    58        before and were held over?
    59        A.  I am not aware of any occasions when that has occurred.
    60