Day 206 - 22 Jan 96 - Page 39
1 MR. MORRIS: Right.
2
3 MR. JUSTICE BELL: We will discuss it and see whether -----
4
5 MR. MORRIS: All I am saying is, do I have to put anything that
6 I put to Mr. Logan from these documents, do I have to put
7 it to one of their witnesses, or can I just leave it?
8
9 MR. JUSTICE BELL: If you anticipate that Mr. Logan is going to
10 refer to one or various of the documents in the two pink
11 bundles in order to support part of his evidence, then
12 I suggest you put the effect of it to the witness, and if
13 the witness's answer, you think, contradicts something in
14 the document, then put the document to him.
15
16 MR. MORRIS: Right. If it is a matter which the witness has
17 already commented upon in his statement, it would not be
18 necessary; is that correct?
19
20 MR. JUSTICE BELL: Well, if they have said what you want them to
21 say in their statement already, then there is no need to
22 cross-examine them on it at all.
23
24 MR. MORRIS: If I give an example?
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26 MR. JUSTICE BELL: Yes, give an example.
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28 MR. MORRIS: We have about 60, 70 pages of performance reviews,
29 many of which are clearly out of date. I mean, what I am
30 saying is, there is a gap between the previous one and the
31 next one. That is something which I could say to
32 Mr. Logan: "Does this back up your claim", and he will say:
33 "Yes, that backs up my claim." Do I have to put those
34 documents to their witnesses?
35
36 MR. JUSTICE BELL: If you have a witness who says, for
37 instance: "There were times when my performance reviews
38 were two or three weeks late, but if I was getting a pay
39 rise it was always backdated", if you want to say: "Well,
40 look, there were times when you did not have a performance
41 review at all for that two monthly period or later four
42 monthly period", then put at least one of them to him and
43 see if he agrees.
44
45 MR. MORRIS: Right. But if it is other people's performance
46 reviews, if Mr. Logan said there was a pattern of
47 performance reviews being late, and we have here documents
48 disclosed which we may argue show that pattern, do I have
49 to put all those documents to their witnesses and say: "Is
50 it not true that there is a pattern", or can I just put
51 that to Mr. Logan to say: "Is this the kind of thing that
52 you meant", and go through?
53
54 MR. JUSTICE BELL: The witness concerned would not have been
55 responsible for the performance reviews in question.
56
57 MR. MORRIS: No, I do not think they would be.
58
59 MR. JUSTICE BELL: Or for the lack of them.
60
