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

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