Day 154 - 13 Jul 95 - Page 56
1 so it would be very difficult for you to say on Wednesday
2 that because you have not got a transcript of Tuesday's
3 argument -- quite frankly, you may as the argument develops
4 find there is a very clear distinction between, I do not
5 know, a transcript of evidence and a transcript of
6 argument. I am not suggesting there will be. I think you
7 should accept the offer of transcripts for yesterday,
8 today, Friday and Monday; go into the argument of this
9 among all your other matters starting on Tuesday morning,
10 use the days when you would not have had a transcript, but
11 for what Mr. Rampton has just said, as examples of what
12 might happen in the future. I am prepared, subject to
13 anything I have not foreseen cropping up in the argument,
14 to give what Mr. Rampton has accurately described as a
15 declaratory ruling of what I understand the legal position
16 to be just as, indeed, I did a few days ago. I do not
17 think you lose by that. If in the argument you say you
18 think you are losing in some way, then you will raise it
19 and we will think again.
20
21 MR. RAMPTON: What is more, my Lord, if your Lordship's judgment
22 went against my argument, your Lordship said as a matter of
23 principle they are disclosable, then I would not ever after
24 that require an application.
25
26 MR. JUSTICE BELL: Do you accept that?
27
28 MR. MORRIS: Yes. I have some other matters.
29
30 MR. RAMPTON: I would like to say one more thing on this topic
31 before Mr. Morris moves on to other matters. My Lord, so
32 far as I am aware what your Lordship is being asked to
33 decide is a question of pure law to which the conduct and
34 motives of the parties are irrelevant. I fear, I do not
35 say it will happen, that the Defendants may be tempted
36 because the hearing will be in open court to start making
37 comments about what has happened which will, I am afraid,
38 if it does happen compel me to go down the road which
39 I have no wish to go down stating once again what are the
40 reasons why McDonald's have made this decision. I do not
41 believe that would be a proper thing to have to do, and it
42 certainly would not be a good use of your Lordship's time.
43
44 MR. JUSTICE BELL: I am not going to make any order to go into
45 chambers.
46
47 MR. RAMPTON: No, I realise you would not.
48
49 MR. JUSTICE BELL: Unless there is an argument about it. What
50 I would like you to do is give some thought to this list.
51
52 MR. MORRIS: I do not propose to rely on all of that list, but
53 I thought it better to give a full list.
54
55 MR. JUSTICE BELL: If you do not what you really should do, and
56 I invite you to do it so you can hand a marked photocopy in
57 tomorrow -- shall I keep this one?
58
59 MR. MORRIS: Please do, yes.
60
