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
