Day 201 - 15 Dec 95 - Page 07
1 which goes with it.
2
3 MR. JUSTICE BELL: That is what I thought.
4
5 MR. MORRIS: On that matter, obviously, we want the situation
6 resolved as soon as possible, because -----
7
8 MR. JUSTICE BELL: I think we should come back to these things
9 early next term.
10
11 MR. MORRIS: The Plaintiffs may even reply before we get back.
12
13 Before I go on to Mr. North's statement, I did say that
14 I was going to bring up some discovery matters. There is
15 only one other one that I can think of that is quite
16 urgent. We did apply on 1st December to the Plaintiffs for
17 copies of Ray Coton's -- the notes of his meetings that he
18 had. Sorry -----
19
20 MR. RAMPTON: My Lord ----
21
22 MR. MORRIS: Hang on. We are going to mention it -- the
23 meetings that he had with senior management, or more senior
24 management, when he resigned. He has given evidence in
25 court that there was a number of meetings, which would be
26 the normal practice. There must be records of those
27 meetings or leaving reports, or both. We would like copies
28 of those records relating to his resignation.
29
30 The Plaintiffs did write back. I have not got it in front
31 of me, but it was words to the effect: "Only Neil Skehel
32 will know. He is out of the country or not available."
33 That was some days after the application we made -- sorry,
34 the letter of request -- and we have not heard anything
35 since. We do not believe that only Neil Skehel will know.
36
37 Of course, in the intervening period, Neil Skehel managed
38 to write a statement, or talked to the Plaintiffs about
39 what he would say in the statement, but we have not had any
40 records of the meetings. We do not believe that
41 Neil Skehel is the only person who would have knowledge or
42 possession of any records to do with the resignation,
43 because other people were involved in those meetings; and,
44 in any case, the Company would have the details, company
45 corporate would have the details. I do not think
46 Mr. Skehel would be carrying them around in his bag.
47
48 So, effectively, it is an application for any records to do
49 with the resignation of Mr. Coton that the Company have in
50 their power, possession or control, which would be,
51 predominantly, records of meetings held with Mr. Coton and
52 leaving reports.
53
54 MR. JUSTICE BELL: Do you know what the position is with regard
55 to that, Mr. Rampton?
56
57 MR. RAMPTON: (A), the leaving report has already been
58 disclosed. It is page 688 under Mr. Ray Coton's PR file.
59 That is that printed form with various entries on it. That
60 is the leaving report. As to the others, I do not know the
