Day 154 - 13 Jul 95 - Page 54
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2 MR. MORRIS: I want to clarify the situation.
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4 MR. JUSTICE BELL: One thing I would like you to be aware of is
5 if there is any merit in your application it really has the
6 farthest reaching ramifications.
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8 MR. MORRIS: I hope so.
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10 MR. JUSTICE BELL: You say that, but it has far-reaching
11 ramifications for all sorts of things: people who might say
12 that the other side should produce them with a transcript
13 because they have money they do not have; you will have
14 enquiries into means in every case to see whether that is
15 so. If you have got merit in your application it is not a
16 "two hours and here is your answer" matter.
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18 MR. MORRIS: We will certainly put the argument as best we can
19 ourselves.
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21 MR. JUSTICE BELL: How about putting it in next Tuesday in the
22 light of what Mr. Rampton has said?
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24 MR. MORRIS: Yes. We do not have any problem if we are getting
25 transcripts. Obviously if the Plaintiffs carry on giving
26 us transcripts at the end of the trial there would be no
27 application at all.
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29 MR. JUSTICE BELL: I have said that is an argument between the
30 two side. You must not involve me in that. You can
31 involve me by formal application, which is what you want to
32 do. The proposition is that whatever I might have decided
33 anyway, in the light of what Mr. Rampton has said we can
34 come to this matter with the other matters on Tuesday.
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36 MR. MORRIS: Strictly speaking, if we get Monday's transcript we
37 will not be able to make be an application for discovery as
38 part of the whole application, because we actually have a
39 copy of that transcript in our hands. I am not saying they
40 should not give us the transcript, but we would have to
41 make the application that we are making, which does not
42 just include discovery, it also includes the court's
43 discretion to order a copy of transcripts to be made and
44 provided to us in any event and other matters, but strictly
45 speaking the appropriate time is when the transcript is not
46 in our hands.
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48 MR. RAMPTON: My Lord, in that case I will terminate them on
49 Friday evening.
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51 MR. MORRIS: Do not quote me as suggesting ----
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53 MR. JUSTICE BELL: It is a serious business. One is not making
54 a joke about it, but the fact is if you did not get
55 Monday's transcript you would be no worse off starting the
56 argument on Tuesday morning from any practical point of
57 view. At the very top of your case, putting your case at
58 its highest, you would be no worse off because you would
59 not actually be getting round to asking any questions about
60 what had been said on Monday or developing any argument on
