Day 158 - 19 Jul 95 - Page 13
1 were given CaseView, you said you found it no use at all,
2 and for the year since, about every two or three minutes,
3 you have been looking over your shoulder to see what is on
4 the screen. All I am saying is, give it a bit more of a
5 chance and then tell me about it, if you want, but do not
6 just shut your mind to it and say: "It does not work; it
7 will not help us." You do not have to take my advice on
8 this.
9
10 MR. MORRIS: I do not have records -----
11
12 MR. JUSTICE BELL: I can only mention it to you and leave it to
13 you.
14
15 MR. MORRIS: I do not have records of most of our legal
16 applications, apart from what appears in the transcript,
17 because the way I personally do applications, I do not do
18 it by writing it all out in advance. I do not have a
19 record of the application yesterday; and should your
20 decision be not favourable to us and we seek leave to
21 appeal (which we have already indicated that we would like
22 leave to appeal from this court, so that we can speed up
23 the appeal process as quickly as possible), then we would
24 certainly seek transcripts of our legal applications, in
25 any event.
26
27 We think that an order should be made, a temporary order
28 should be made, that McDonald's keep the arrangement which
29 they promised at the beginning of the trial until at least
30 the Court of Appeal has ruled on the subject and the
31 Lord Chancellor has -----
32
33 MR. JUSTICE BELL: You must take your own course. If I rule
34 against you and if I refuse to give you leave to appeal,
35 you must take your own course. In the last few years, the
36 habit seems to have grown up of transcribing virtually
37 everything which is said in a court for the purpose of an
38 appeal, but that is not necessarily so. The Court of
39 Appeal, normally, on a matter is only concerned with a
40 transcript of any evidence which has been given and not
41 with the transcript of the argument below. But you must
42 take your own counsel about that, if it comes to it.
43
44 MR. MORRIS: If it is felt that the transcripts cannot be
45 ordered for us in the meantime, while we are waiting -----
46
47 MR. JUSTICE BELL: We have not got there yet, Mr. Morris.
48
49 MR. MORRIS: In that case, we would seek an adjournment until
50 such time that was all resolved.
51
52 MR. JUSTICE BELL: Have we completed the argument in relation to
53 transcripts, because, if we have, it is time to move on to
54 other matters. Which of your matters are you going to take
55 first?
56
57 MR. MORRIS: I wanted to do the Brazil amendment. I have not
58 had time to prepare for the other amendments. I felt that
59 that was the priority, which is what I worked on last
60 night. I would like to say that I am pretty exhausted at
