Day 171 - 11 Oct 95 - Page 08

     
     1        would be to use the dates for his specific dissatisfaction
     2        by specific witnesses about the PRs, to use that date as
     3        our guide.  Where there is no date, then we will have to
     4        look at the whole record.
     5
     6        What I do not believe would be correct is, where Mr. Logan
     7        has tied himself to a particular date, for us to be asked
     8        to go beyond that particular date in the hope in
     9        Mr. Morris' mind and Mr. Logan's that they might find
    10        something they did not know about, because that is not the
    11        problem.  But I am arguing it, too, which I should not do
    12        at this stage.
    13
    14        I can tell your Lordship that we do not have any
    15        temperature logs for kitchen freezers for 1994 ---
    16
    17   MR. JUSTICE BELL:  Could you just pause a moment? (Pause)
    18
    19   MR. RAMPTON: -- or earlier.  Given that Mr. Logan left on the
    20        9th November 1994 and cannot, therefore, give any evidence
         about anything that happened after that date, we do not see
    22        the relevance of any temperature log existing after the end
    23        of 1994.  There is nothing for any earlier that year or any
    24        earlier year.  I think there are only kept two months, in
    25        fact, because they get filled up and then they are thrown
    26        away.
    27
    28        Number 4, my Lord; I said, I think, last time we were here
    29        that it was too widely drawn and that the word "promised"
    30        was misleading.  What, in fact, was specified by Mr. Logan
    31        through Mr. Morris was that a single Head Office store
    32        audit critical of the Bath PR practices scored F.  There is
    33        no such document that we have become aware of.  Store audit
    34        forms do exist, but on none of them is there a score of F
    35        for performance review practices; nor are there any
    36        memoranda sent from Head or Regional Office to Bath.
    37
    38   MR. JUSTICE BELL:  Can you tell me, how many are there for -----
    39
    40   MR. RAMPTON:  I do not know how many there were during 1993 and
         1994.  If Mr. Morris wants -----
    42
    43   MR. JUSTICE BELL:  "Scored F" is a particular, but also part of
    44        the particulars is "critical of Bath performance review
    45        practices".  So, suppose it was wrong about F, if there was
    46        one which was critical of Bath performance review -----
    47
    48   MR. RAMPTON:  It depends what one -- well, my Lord, your
    49        Lordship did not ask me to argue it at this stage.
    50 
    51   MR. JUSTICE BELL:  No.  That is my fault, because I engaged you 
    52        in argument. 
    53
    54   MR. RAMPTON:  I do not concede (and will argue it later on) that
    55        any such document other than the one mentioned by Mr. Logan
    56        could possibly be relevant.
    57
    58   MR. MORRIS:  It does say in this note that the audit that he has
    59        seen was critical of other practices.
    60