Day 157 - 18 Jul 95 - Page 34


     
     1        and unable to pay for daily transcripts and that they will
     2        almost undoubtedly actually save public costs because less
     3        time will be taken up in court in preparation and in
     4        argument over what has been said and in terms of actually
     5        taking a note at the time.  We would ask that the trial
     6        does not continue until either there is a decision, an
     7        order made in this court for us to be -- to have access to
     8        the transcripts that are being produced, or until we have
     9        an answer from the Lord Chancellor's Department.
    10        Obviously, we did ask for the Lord Chancellor to reply as
    11        soon as possible.
    12
    13   MR. MORRIS:  In the terms and conditions of the provision of
    14        transcripts, the standard terms of trading, I only have one
    15        copy of it here actually, but I can hand it up; condition
    16        3.1 is:  "Rates payable for services ordered on this form"
    17         -- this is for official transcripts -- "will be disclosed
    18        by transcribers on request and will be as agreed with the
    19        Lord Chancellor's Department".  For that reason, we believe
    20        that the Lord Chancellor's Department has discretion not
    21        only to pay for transcripts out of public funds but also to
    22        waive the costs of the official transcripts, or any
    23        official transcripts, that are made for impecunious parties
    24        such as ourselves.  I do not know if you want to look at
    25        that.  (Handed).  We have a spare copy that is not marked
    26        actually, so if you would like to have that one.
    27
    28   MR. JUSTICE BELL:  No, the marking does not matter.
    29
    30   MR. MORRIS:  The other thing I had marked was 5.7 which seems to
    31        be that the arrangement on what has been called the
    32        commercial advantage to the party who gets the transcripts
    33        first, seems to be also open to interpretation and
    34        flexibility, whatever the party that gets the transcripts
    35        say on the matter.  I cannot see how the commercial
    36        advantage can possibly be something that accrues from the
    37        law.  It must have been something that has developed over
    38        time and, we would say, that it has to be -- the Lord
    39        Chancellor's Department would have the power to waive that
    40        in any event.
    41
    42        I have missed some things out, but I want to come to the
    43        next major point which is the Order 18, rule 19 on page 344
    44        of the White Book.  I presume that is Volume 1.
    45
    46   MR. JUSTICE BELL:  Yes.
    47
    48   MR. MORRIS:  Under that, it is an explanation of what abuse of
    49        the process of the court means.  I actually have not got
    50        the extract in front of me that that is referring to, but 
    51        in any case abuse of the process of the court, paragraph 
    52        1(d): 
    53
    54             "... confers upon the Court in express terms
    55             powers which the Court has hitherto exercised
    56             under its inherent jurisdiction where there
    57             appeared to be 'an abuse of the process of the
    58             Court.' This terms connotes that the process of
    59             the Court must be used bona fide and properly
    60             and must not be abused.  The Court will prevent

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