Day 157 - 18 Jul 95 - Page 51


     
     1        might well be that the Defendants would not respond until
     2        the morning.  I will say here and now, I see absolutely no
     3        reason why the other interlocutory matter should not
     4        proceed as soon as the argument on transcripts is
     5        completed.  I do not see any need for a transcript for the
     6        proper argument of those matters on either side.  I will
     7        give my ruling on this matter when I am ready to do so.
     8
     9   MR. RAMPTON:  Then, perhaps, I will go through it.  As I said,
    10        if this hearing was in chambers I might not take the
    11        trouble, but the Defendants have insisted on this hearing
    12        being in open court.  One has seen why.  So in fairness to
    13        McDonald's it is only right that, perhaps, this letter
    14        should be brought to public attention.
    15
    16        It says this:
    17
    18             "Dear Sir/Madam,
    19
    20             In anticipation of tomorrow's hearing" -- it was
    21             written yesterday -- "we think it may be helpful
    22             if we spell out precisely the conditions on
    23             which McDonald's have said they would be willing
    24             to continue paying for you to have daily
    25             transcripts of the evidence and that part of
    26             CaseView which enables a record of the day's
    27             proceedings to be recovered and printed out, the
    28             material."
    29
    30        That is the description, a blunder buster description, of
    31        the transcripts in the CaseView facility.
    32
    33             "The conditions are as follows:
    34
    35             (1) You would have to undertake not to use the
    36             material or any part of it for any purpose other
    37             than the conduct of your defence to the action
    38             and of your counterclaim for the case.
    39
    40             (2) This would mean that in addition to reading
    41             and making reference to the material yourselves
    42             for the purposes of the case you would be free
    43             to lend, show or recite it (a) to your legal
    44             advisers for the purpose of obtaining legal
    45             advice about your conduct of the case, and (b)
    46             to your witnesses for the purpose of enabling
    47             them to prepare for giving evidence in the
    48             case.
    49
    50             (3) Where you needed to use the material for 
    51             those purposes you would be required (a) to 
    52             inform your legal advisers and witnesses that 
    53             they themselves must not use it for any other
    54             purposes, and (b) to ensure its immediate return
    55             to you as soon as the permitted purpose had been
    56             served."
    57
    58        What that means, my Lord, and is meant to mean is this, and
    59        I will explain if I have reason for that provision.  If the
    60        Defendants should deliver one of the transcripts into the

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