Day 146 - 03 Jul 95 - Page 43
1 what I would welcome your assistance on in the morning.
2
3 MS. STEEL: Can I just say for the record that we have actually
4 got a problem this week in that the person that we usually
5 get legal advice from is away.
6
7 MR. JUSTICE BELL: In relation to what matters does that apply?
8
9 MR. MORRIS: Basically, we see him about once every three months
10 or something. A few weeks ago we saw him about the
11 nutrition issue. It is just very difficult for us at the
12 moment because he is just not around, but there you go.
13
14 MR. JUSTICE BELL: Is this in relation to your own application
15 to amend or what?
16
17 MR. MORRIS: That particular thing was about the skeleton
18 regarding the nutrition, whether there needs to be any
19 further evidence.
20
21 MR. JUSTICE BELL: You have said you wanted to deal with that
22 later anyway.
23
24 MS. STEEL: But in terms of what we have just been discussing,
25 whether there is any legal precedent or something about
26 provision of transcripts or the Lord Chancellor providing
27 some kind of fund. We are in a difficult position.
28
29 MR. JUSTICE BELL: But unless I know, even if I thought it would
30 be right to order McDonald's (and I am not offering any
31 comment on that) to give you a transcript, I cannot do that
32 unless I have some ground to believe I have the power to do
33 it.
34
35 MS. STEEL: I understand that. That is what I am saying. I am
36 saying we have a problem this week that we cannot get
37 that ------
38
39 MR. JUSTICE BELL: Think about where that takes you. I am
40 certainly not going to exercise a power which I do not
41 think I have. Until such time as you get advice and may be
42 able to establish that I have a power, McDonald's must do
43 whatever they think is right one way or the other.
44
45 MS. STEEL: But I think that there is also another matter, but
46 we will deal with it in the morning, that is not just about
47 whether they have to provide it. It is about whether it
48 would be fair to continue in the way that the case has
49 continued so far if we do not have transcripts and if we do
50 not have CaseView.
51
52 MR. JUSTICE BELL: You address me about it in the morning.
53
54 MR. RAMPTON: Can I say this? I am not going to think about
55 anything overnight, despite Mr. Morris's invitation. What
56 the Defendants might like to think about is this, is
57 satisfying Mrs. Brinley-Codd of two things, first, that the
58 apparent inference to be drawn from the material such as
59 I have shown your Lordship this morning is not right, and
60 that this material does not come from the court transcripts
