Day 157 - 18 Jul 95 - Page 35


     
     1             the improper use of its machinery, and will, in
     2             a proper case, summarily prevent its machinery
     3             from being used as a means of vexation and
     4             oppression in the process of litigation".
     5
     6        Then below that it says:
     7
     8             "The categories of conduct rendering a claim
     9             frivolous, vexatious or an abuse of process are
    10             not closed but depend on all the relevant
    11             circumstances and for this purpose
    12             considerations of public policy and the
    13             interests of justice may be very material."
    14
    15        We would contend that if we do not have transcripts it will
    16        be impossible for us to have a fair trial for the rest of
    17        the case, or the case will -- or if we take verbatim notes
    18        the case will move so slowly as to make the case cumbersome
    19        and oppressive in itself, especially -----
    20
    21   MR. JUSTICE BELL:  The speed at which it moves is, to some
    22        extent, up to me, whether I think it is necessary to go
    23        slow for you to take a proper note or not.
    24
    25   MR. MORRIS:  And that if the case becomes oppressive it becomes
    26        an abuse of process.  Then the interests of justice and
    27        public policy, which is referred to in the last sentence in
    28        that clause which are very material in this clause, and
    29        this case is of a great amount of relevance to public
    30        policy and the interests of justice because of the nature
    31        of the type of case, libel being an attempt to suppress
    32        certain, freedom of speech because of the unusual
    33        length -- yes, sorry, because also the position of the
    34        Plaintiffs in the public eye, and because of the fact of us
    35        being litigants in person which is of public concern at the
    36        moment, bearing in mind the Lord Chief Justice Taylor's
    37        remarks, that on all those grounds it is not in the public
    38        interest that we should have facilities denied to us or
    39        unavailable to us on top of all the other inequalities, and
    40        the Plaintiffs must know the effect this will have on our
    41        ability to defend ourselves in this case.  Therefore, the
    42        case should be struck out as an abuse of process if we are
    43        going to be expected to continue without transcripts and,
    44        even more so, if we are unable to take effective notes.
    45
    46        If, as we contend, McDonald's must know the effect of their
    47        withholding of transcripts from us, and in opposing our
    48        application for transcripts to be available to us by
    49        whatever means, they must be -- we would contend that they
    50        deliberately want to bring the trial to a halt because they 
    51        have become disinterested in the case, because they want 
    52        out of the case, but because they can actually take no 
    53        action to prevent the press and the public having access to
    54        official records of evidence in the case they are hitting
    55        out at us.  That, in itself, is a contempt of court, but it
    56        is certainly -----
    57
    58   MR. JUSTICE BELL:  How have they prevented the press having
    59        access to it?
    60

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