Day 157 - 18 Jul 95 - Page 51
1 might well be that the Defendants would not respond until
2 the morning. I will say here and now, I see absolutely no
3 reason why the other interlocutory matter should not
4 proceed as soon as the argument on transcripts is
5 completed. I do not see any need for a transcript for the
6 proper argument of those matters on either side. I will
7 give my ruling on this matter when I am ready to do so.
8
9 MR. RAMPTON: Then, perhaps, I will go through it. As I said,
10 if this hearing was in chambers I might not take the
11 trouble, but the Defendants have insisted on this hearing
12 being in open court. One has seen why. So in fairness to
13 McDonald's it is only right that, perhaps, this letter
14 should be brought to public attention.
15
16 It says this:
17
18 "Dear Sir/Madam,
19
20 In anticipation of tomorrow's hearing" -- it was
21 written yesterday -- "we think it may be helpful
22 if we spell out precisely the conditions on
23 which McDonald's have said they would be willing
24 to continue paying for you to have daily
25 transcripts of the evidence and that part of
26 CaseView which enables a record of the day's
27 proceedings to be recovered and printed out, the
28 material."
29
30 That is the description, a blunder buster description, of
31 the transcripts in the CaseView facility.
32
33 "The conditions are as follows:
34
35 (1) You would have to undertake not to use the
36 material or any part of it for any purpose other
37 than the conduct of your defence to the action
38 and of your counterclaim for the case.
39
40 (2) This would mean that in addition to reading
41 and making reference to the material yourselves
42 for the purposes of the case you would be free
43 to lend, show or recite it (a) to your legal
44 advisers for the purpose of obtaining legal
45 advice about your conduct of the case, and (b)
46 to your witnesses for the purpose of enabling
47 them to prepare for giving evidence in the
48 case.
49
50 (3) Where you needed to use the material for
51 those purposes you would be required (a) to
52 inform your legal advisers and witnesses that
53 they themselves must not use it for any other
54 purposes, and (b) to ensure its immediate return
55 to you as soon as the permitted purpose had been
56 served."
57
58 What that means, my Lord, and is meant to mean is this, and
59 I will explain if I have reason for that provision. If the
60 Defendants should deliver one of the transcripts into the
