Day 157 - 18 Jul 95 - Page 50


     
     1
     2        As your Lordship observed earlier, and as I observe,
     3        I think, again, there is not much of the case left in terms
     4        of length of hearing.  We have probably done, I would
     5        guess, about two thirds of it or more.  All or most of the
     6        technical and scientific material has already been dealt
     7        with.
     8
     9        So really what it comes to is this, and this is slightly
    10        rhetorical:  In our submission the Defendants are saying,
    11        in effect (and this is an analogy), "Oh, well, McDonald's
    12        experienced team of lawyers take a better note than we do.
    13        Therefore, either we must have their note or else they must
    14        pay for somebody to take a note for us".
    15
    16        Finally, my Lord, on this question of unfairness we would
    17        submit conclusively, and in saying that I say also deals
    18        conclusively with any suggestion that our decision is an
    19        abuse of the process of the court, even supposing (which
    20        I do not) that Order 18, rule 19 had any application
    21        whatsoever to a situation of this kind;  Order 18, rule 19
    22        is concerned with pleadings, and that is the beginning and
    23        the end of it.   My Lord, what concludes this argument on
    24        unfairness, we submit, is that it is in the Defendants' own
    25        hands to remedy any disadvantage which they may perceive
    26        the lack of the daily transcripts may cause them.
    27
    28        If they would give the undertaking which is sought in our
    29        letter of 17th July, then they would get the transcripts at
    30        once and for as long as they adhered to that undertaking
    31        their conduct of the case would be wholly unimpaired,
    32        because all that is proscribed by the undertaking is the
    33        use of the transcripts for ulterior or extraneous purposes
    34        to the proper conduct of the case.  Ms. Steel says, "Oh,
    35        well, if we did not have the transcripts it would mean we
    36        could not talk to friends and colleagues and potential
    37        witnesses about the case".  I have only one word for that
    38        submission:  It is plainly the most utter nonsense.
    39
    40   MS. STEEL:  I did not actually say that.
    41
    42   MR. RAMPTON:  Anybody who has been in court taking even a half
    43        careful note will know what has been going on in court
    44        during the course of that day or two days previously, or
    45        whatever.  They can pick up the telephone and they can say,
    46        "Well, look, Mr. So and so has said such and such; is that
    47        something you can deal with?  If so, give us a statement."
    48        "His particulars are as follows:  He was Manager of the so
    49        and so restaurant at such and such a time for
    50        McDonald's." 
    51 
    52        My Lord, I do believe that if we were sitting in chambers 
    53        I would not bother much with our letter for the reason that
    54        I know your Lordship has read it.  I ask your Lordship to
    55        look at it again paragraph by paragraph.  I am not going to
    56        read them out because I do want to try to finish by 4.15,
    57        if I possibly can.
    58
    59   MR. JUSTICE BELL:  You take your own course, Mr. Rampton.  You
    60        are under no pressure to finish tonight.  In any event, it

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