Day 157 - 18 Jul 95 - Page 59


     
     1
     2   MR. RAMPTON:  It is Thursday I am worrying about, but we will do
     3        the best we can.
     4
     5   MR. JUSTICE BELL:  Do you want to respond on the question of
     6        transcripts this evening or do it in the morning?
     7
     8   MS. STEEL:  Perhaps I could reply.  I think Dave might have
     9        something a bit more lengthy, but if I reply to a couple of
    10        things that were said.  Mr. Rampton was saying that this is
    11        about their refusal to go on paying for us to exploit the
    12        transcripts, as he puts it.  We have actually said that if
    13        the Plaintiffs will let us have copies of the transcripts
    14        we will photocopy them and then return them to the
    15        Plaintiffs so it will not cost them anything.  We have also
    16        asked them to agree to allow the transcript company,
    17        Barnett Lenton, to supply us with copies of the transcripts
    18        at the reduced rate immediately they are produced rather
    19        than having to wait three weeks by which time they will be
    20        of little use in preparing for cross-examination.  The
    21        Plaintiffs have refused to agree to either of those
    22        courses.  So this, quite obviously, is not a matter of them
    23        just claiming that they do not want to pay for our copies
    24        any more.  It is clearly a matter of them trying to
    25        sabotage our defence and preparations for our defence.
    26
    27        Mr. Rampton said it would not affect the conduct of our
    28        defence because anybody who has been in court taking even a
    29        half careful note will know that they can pick up telephone
    30        and they can say: "Mr. So and So said such and such.  Can
    31        you deal with that?"  If he is quite happy for us to do
    32        that from our note, why is it that he does not want us to
    33        be able to do that from the transcript.  I would have
    34        thought he would prefer us to do it from the transcript
    35        because they are likely to be more accurate than
    36        handwritten notes that we are making in a complete rush
    37        while we are trying to cross-examine witnesses and think of
    38        questions to ask.
    39
    40        The only conclusion that we can draw from their not wanting
    41        us to read out sections of the transcripts of the trial
    42        over the telephone is that they do not want accurate
    43        reporting of what their witnesses are saying.  That can be
    44        the only result, unless the proceedings do slow to such an
    45        extent that we can write things down word for word.
    46
    47        Just on the subject of Mr. Rampton writing to the Lord
    48        Chancellor, I am not really sure that he has any
    49        entitlement to write to the Lord Chancellor concerning
    50        this. 
    51 
    52   MR. JUSTICE BELL:  Anyone is entitled to write to the Lord 
    53        Chancellor about anything, are they not?  You have chosen
    54        to do so, surely the opposing party can as well?  Whether
    55        the Lord Chancellor, either himself or through one of his
    56        offices, chooses to respond and, if so, in what terms is
    57        entirely a matter for him.
    58
    59   MS. STEEL:   As I understand it, in the Bar Council codes of
    60        conduct for England and Wales it does say in 2.1:

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