Day 157 - 18 Jul 95 - Page 17
1 a copy of the transcripts day by day and should not use
2 CaseView myself.
3
4 Fourthly, they apply for discovery of any transcripts which
5 McDonald's have which they do not have". Then I will not
6 read the next bit. It is not material at the moment.
7
8 Fifthly and finally, you asked for an adjournment to find
9 assistants if I was against you on those points.
10
11 What I need to know is just what your applications are
12 today. I have assumed that they are the first one, that
13 is, an application for an order that the Plaintiffs provide
14 you with daily transcripts. The second one, a provision
15 out of public funds for you to obtain transcripts and, the
16 fourth one, discovery of any transcripts which McDonald's
17 have which you do not have.
18
19 MR. MORRIS: Yes.
20
21 MR. JUSTICE BELL: Because on three I ordered in your favour and
22 (4) is ancillary to the other matters, that is the question
23 of an adjournment and, anyway, for the time being you have
24 your recording machine. So what I am going to do is I am
25 going to rise now for five minutes. I want you to tell me
26 if you are making any application in addition to the ones
27 which were the first, second and fourth as summarised in my
28 4th July ruling.
29
30 (Short Adjournment)
31
32 MR. JUSTICE BELL: Yes?
33
34 MR. MORRIS: We will be also be making an application that
35 should our application to get transcripts fail, that the
36 case will have become unmanageable, unequal and an abuse of
37 process and under Ord. 18 r. 19 the proceedings should be
38 struck out, that the McDonald's Statement of Claim should
39 be struck out, and costs awarded to us because we cannot
40 possibly get a fair trial in the circumstances.
41
42 If I may just briefly, before we go into the authorities in
43 this country, refer to European persuasive authority on
44 ensuring equality. I do not think I need to refer to the
45 general matters that would be covered by the inherent
46 jurisdiction of the courts here or in Europe to ensure a
47 fair and impartial hearing which is covered by, I presume,
48 British law as well as a universal declaration of Human
49 Rights, Article 10.
50
51 There is a case, Airey v. Ireland, which Mr. Riley informs
52 me that the court has a copy; we do not actually have a
53 copy of it and Mr. Rampton does have a copy of that. It
54 relates to -----
55
56 MR. RAMPTON: My Lord, I have a copy because it was on the
57 Defendants' list. Your Lordship has a copy for the same
58 reason.
59
60 MR. MORRIS: I just do not know where it is held. Everyone has
