Day 197 - 07 Dec 95 - Page 29


     
       1 MR. MORRIS:  If we note on page 7 at the bottom of the page:
       2      "Overall, it has been a good year's work" etc.  Then the
       3      next end of the next line:  "At the end of the day, it is
       4      the money that we bank that is important and financial
       5      control is your strong point".  That takes us to page 1
       6      which is the last PR for September 1990.  If we note at
       7      the top of the page on page 1, the last line of the
       8      paragraph, first paragraph, it says:  "Recently, the
       9      regional target of reducing crew turnover by end of 1990
      10      by 25 per cent was set by Andrew Taylor".  I mention that
      11      because it relates to Mr. Coton being talked to by Andrew
      12      Taylor who what is clearly involved in the regional plans.
      13
      14      Then on page 2 at the bottom, the last paragraph on the
      15      page of page 2 before "Financial performance", it
      16      says:  "As you are well aware, your overriding aim" -- I
      17      emphasise "overriding aim" -- "is to optimise the
      18      profitability of your restaurant and maximise the sales".
      19      Then it has over the page on page 3 his consolidated
      20      budget and actual achievements for his collective area.
      21
      22      I think that is that.  I appreciate that opportunity to do
      23      that exercise.  I just want to see if there are some
      24      questions about the statements that were disclosed.  May
      25      we just have a couple of minutes?
      26
      27 MR. JUSTICE BELL:  Do take that, but remember what I said about
      28      that yesterday.
      29
      30 MR. MORRIS:  What did you say, sorry?
      31
      32 MR. JUSTICE BELL:  What I said yesterday was that you were not
      33      to assume that -- whereas I said earlier that you were not
      34      to assume because Mr. Rampton did not challenge matters
      35      that he was no longer contesting them, because where he
      36      has called his witnesses first and then you are calling
      37      yours second, the extent of the issue is clear to me and
      38      he is entitled just, as it were, to test the evidence of
      39      your witnesses.  But, in the situation which we now have,
      40      where he is contemplating calling witnesses which I have
      41      not yet heard whose evidence may relate to what Mr. Coton
      42      has said, he is under an obligation to challenge the
      43      essence of that which he disputes.
      44
      45      I am not going to take a point if something is missed out
      46      here and there, that is just litigation, but basically you
      47      can count upon Mr. Rampton challenging that which depends
      48      upon evidence which he would like to call in the future or
      49      information which he has which has not come out into the
      50      open from the witness box from a witness he has already
      51      called.
      52 
      53      So you do not have keep putting to your witness:  "What
      54      you say about this?  What do you say about that?"
      55
      56 MS. STEEL:   I do not know where the notes of Tracey Milleine
      57      will be found.
      58
      59 MR. JUSTICE BELL:  I think they went behind her -----
      60

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