Day 191 - 24 Nov 95 - Page 12

     
     1
     2   MR. JUSTICE BELL:  I will ask Mr. Riley if he will photocopy
     3        this anyway and give me the photocopy of it.
     4
     5   MR. MORRIS:  No.  You can keep it.
     6
     7   MR. JUSTICE BELL:  There is nothing secret on the back?
     8
     9   MR. MORRIS:  No.  It is one of the French documents that came
    10        out the photocopier wrongly, you have actually got that.
    11        I do not know what is happening about that because it was
    12        not clear to me absolutely that the Plaintiffs had searched
    13        all the relevant places for the relevant store audit from
    14        February 1993 for Bath, because we had some ambiguous
    15        answers from the Plaintiffs.
    16
    17   MR. JUSTICE BELL:  I think we have to work on the basis that as
    18        time goes by a search in all the relevant places will have
    19        been made.  If you want to -----
    20
    MR. MORRIS:  If they can state that then in court so that it is
    22        absolutely clear that they do not have anywhere in their
    23        possession, the Plaintiffs, the February 1993 store audits,
    24        then that will be helpful unless they feel they may be
    25        somewhere that they have not yet searched.
    26
    27   MR. RAMPTON:  A full search has been made for all the relevant
    28        Bath documents.  Some of them are missing.
    29
    30   MR. JUSTICE BELL:  That includes the audit, does it not?
    31
    32   MR. RAMPTON:  Including that one.  It would not be kept at
    33        Headquarters anyway; it would be kept at Sutton Coldfield.
    34
    35   MR. JUSTICE BELL:  As long as it is clear that a search has been
    36        made, in particular, for that audit and it cannot be found
    37        anywhere.
    38
    39   MR. RAMPTON:  No, it cannot, alas.  Mr. Logan will have been
    40        able to say that it must have been that one that
         contained  ......
    42
    43   MR. JUSTICE BELL:  We will have to see how the evidence goes
    44        about that.
    45
    46   MR. MORRIS:  The other thing is the service history file which,
    47        by some quirk of circumstance, no longer contains the
    48        relevant ordered sections regarding the RCD and the
    49        tripping out of the vats and the grills.  I have asked the
    50        Plaintiffs to bring that to court so that I can see the 
    51        file and see what is actually left in the file.  So, can we 
    52        make a formal application, as I have asked the Plaintiffs, 
    53        and they said they will bring it at the appropriate time.
    54
    55   MR. RAMPTON:  We have not said that.
    56
    57   MR. MORRIS:  They have.
    58
    59   MR. RAMPTON:  What I have said, my Lord, is that, that we would
    60        bring to court so that the Defendants could see it the