Day 154 - 13 Jul 95 - Page 55


     
     1        the basis of what had been said on Monday.  You would not
     2        have lost anything so far as being able to cope with the
     3        evidence is concerned.  What you would be able to do is,
     4        say, take what was said on Monday as an example, "We are
     5        entitled to discovery of the transcript of it for this
     6        reason", actually looking at what was said.
     7
     8        So if you want to set up a test situation, as it were, for
     9        discovery, bizarre though it may seem, what you actually
    10        want is a transcript for yesterday, today and tomorrow but
    11        not Monday.
    12
    13   MR. MORRIS:  I am guided by the court.
    14
    15   MR. JUSTICE BELL:  If you accept Mr. Rampton is not going to say
    16        that it was through your own choice and therefore ----
    17
    18   MR. RAMPTON:  My Lord, I really do not see why your Lordship
    19        cannot decide the matter as a question or principle.  It
    20        would be a sort of declaratory judgment, I agree, but
    21        I would be content with that.
    22
    23   MR. JUSTICE BELL:  I would be prepared to deal with it on that
    24        basis.  It gets rid of the fiction.  I have no problem with
    25        ruling on discovery even though in fact you have all the
    26        documentation.
    27
    28   MR. MORRIS:  We could always anyway apply for the transcript, if
    29        it is on Tuesday, for the Tuesday's hearing because that
    30        would be ----
    31
    32   MR. JUSTICE BELL:  No, because you might be in a very difficult
    33        situation there.  Did you get transcripts of all the
    34        interlocutory hearings in July and November the following
    35        morning, for instance, of 1993?
    36
    37   MR. MORRIS:  I do not think there were any transcripts.  It was
    38        mainly in November and December we got transcripts.
    39
    40   MR. JUSTICE BELL:  Did you actually got transcripts the
    41        following morning or some time later?
    42
    43   MR. MORRIS:  I do not think so.
    44
    45   MR. JUSTICE BELL:  Were there transcripts at all at the time?
    46
    47   MS. STEEL:  For some of the hearings.
    48
    49   MR. RAMPTON:  My Lord, there were transcripts of the November
    50        and December hearings but we did not have daily 
    51        transcripts. 
    52 
    53   MR. JUSTICE BELL:  I know there were transcripts which came
    54        later, but as the argument progressed Ms. Steel and
    55        Mr. Morris were not getting each morning a transcript of
    56        what was argued the day before?
    57
    58   MR. RAMPTON:  No, they were not and nor were we.
    59
    60   MR. JUSTICE BELL:  You coped perfectly well with that argument,

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