Day 146 - 03 Jul 95 - Page 43


     
     1        what I would welcome your assistance on in the morning.
     2
     3   MS. STEEL:   Can I just say for the record that we have actually
     4        got a problem this week in that the person that we usually
     5        get legal advice from is away.
     6
     7   MR. JUSTICE BELL:  In relation to what matters does that apply?
     8
     9   MR. MORRIS:  Basically, we see him about once every three months
    10        or something.  A few weeks ago we saw him about the
    11        nutrition issue.  It is just very difficult for us at the
    12        moment because he is just not around, but there you go.
    13
    14   MR. JUSTICE BELL:  Is this in relation to your own application
    15        to amend or what?
    16
    17   MR. MORRIS:  That particular thing was about the skeleton
    18        regarding the nutrition, whether there needs to be any
    19        further evidence.
    20
    21   MR. JUSTICE BELL:  You have said you wanted to deal with that
    22        later anyway.
    23
    24   MS. STEEL:  But in terms of what we have just been discussing,
    25        whether there is any legal precedent or something about
    26        provision of transcripts or the Lord Chancellor providing
    27        some kind of fund.  We are in a difficult position.
    28
    29   MR. JUSTICE BELL:  But unless I know, even if I thought it would
    30        be right to order McDonald's (and I am not offering any
    31        comment on that) to give you a transcript, I cannot do that
    32        unless I have some ground to believe I have the power to do
    33        it.
    34
    35   MS. STEEL:  I understand that.  That is what I am saying.  I am
    36        saying we have a problem this week that we cannot get
    37        that  ------
    38
    39   MR. JUSTICE BELL:  Think about where that takes you.  I am
    40        certainly not going to exercise a power which I do not
    41        think I have.  Until such time as you get advice and may be
    42        able to establish that I have a power, McDonald's must do
    43        whatever they think is right one way or the other.
    44
    45   MS. STEEL:  But I think that there is also another matter, but
    46        we will deal with it in the morning, that is not just about
    47        whether they have to provide it.  It is about whether it
    48        would be fair to continue in the way that the case has
    49        continued so far if we do not have transcripts and if we do
    50        not have CaseView. 
    51 
    52   MR. JUSTICE BELL:  You address me about it in the morning. 
    53
    54   MR. RAMPTON:  Can I say this?  I am not going to think about
    55        anything overnight, despite Mr. Morris's invitation.  What
    56        the Defendants might like to think about is this, is
    57        satisfying Mrs. Brinley-Codd of two things, first, that the
    58        apparent inference to be drawn from the material such as
    59        I have shown your Lordship this morning is not right, and
    60        that this material does not come from the court transcripts

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