Day 157 - 18 Jul 95 - Page 37


     
     1        that can benefit McDonald's is open to interpretation.
     2
     3        There are some other points I want to make.  Those are the
     4        main points.
     5
     6   MR. JUSTICE BELL:  Sit down and collect your thoughts on them.
     7
     8   MR. MORRIS:  There was a point that cropped up that Mr. Rampton
     9        said he would continue to provide any extracts of
    10        transcripts which he referred to in examination or
    11        cross-examination or in closing speeches.  Again, that is
    12        an admission that the transcripts are a form of evidence or
    13        relevant to the evidence and weight is going to be given to
    14        them.  That is another argument for us to be -- for the
    15        court to ensure that we have copies so we do not have the
    16        element of surprise in the hands of the Plaintiffs.
    17
    18   MR. JUSTICE BELL:  If you think you have made your submissions
    19        in relation to transcripts, save for something you may have
    20        omitted which you are just checking through, we will take a
    21        break now.  What I propose to do is hear Mr. Rampton in
    22        reply on the question of transcripts rather than go on to
    23        other interlocutory matters, hear anything you want to say
    24        in reply to Mr. Rampton and then that might, effectively,
    25        be the end of today's proceedings. I will come back at 5 to
    26        3.
    27
    28                       (Short Adjournment)
    29
    30   MR. JUSTICE BELL:  Yes.
    31
    32   MR. MORRIS:  I have nearly finished, then Helen will say some
    33        winding up words to end up.  The Plaintiffs have tried to
    34        assert that they are not trying to undermine or sabotage
    35        our ability to defend ourselves in this case, just to stop
    36        us having direct access or showing the press or public
    37        extracts from transcripts which cannot be the case because,
    38        as has been stated, the press in any case are entitled to
    39        get copies of the transcripts, to attend court, to take
    40        notes and to talk to us in any event.
    41
    42        So, we can see the motivation of the Plaintiffs by looking
    43        at the original undertaking they sought which, in the light
    44        of us making this application, strong application, at the
    45        last minute they amend it, but the original application was
    46        clear, that they wanted to stop us from giving copies of
    47        transcripts to witnesses, even reading them any extracts
    48        out over the phone to anybody.  It is clear that they were
    49        and are motivated to undermine our defence midway through a
    50        case which they chose to bring. 
    51 
    52        So, I do not think any credence should be given to their 
    53        protestations on this matter at all.
    54
    55        The final thing I would like to say is if we are
    56        unsuccessful on ensuring access to the transcripts to the
    57        Defendants as well as the Plaintiffs, then we would seek an
    58        adjournment awaiting the reply from the Lord Chancellor's
    59        Department.
    60

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