Day 147 - 04 Jul 95 - Page 24


     
     1   MR. JUSTICE BELL:  There has been some confusion.  If Mr. Morris
     2        wants to say any more, he can.
     3
     4   MS. STEEL:  Mr. Rampton has not said the cost of the
     5        transcripts, which I thought was the purpose of him getting
     6        up.  I think you asked Mr. Rampton what the cost of
     7        transcripts were.
     8
     9   MR. JUSTICE BELL:  That is why I say there may be a
    10        misunderstanding.  I thought Mr. Morris had finished what
    11        he wanted to say.  If he has not, then certainly he must
    12        continue, and then I will come back to Mr. Rampton.
    13
    14   MR. MORRIS:  There were only really a couple of other points,
    15        which is that it is not realistic, unless we get
    16        transcripts one way or the other -- either from the
    17        discovery of the Plaintiffs or voluntarily from the
    18        Plaintiffs, or copies made from, by the court's public
    19        funds, the judge's copy or other, from the court tapes --
    20        it is not realistic to expect that we would be able to
    21        afford to buy them or to have clerks who could take the
    22        kind of notes that would be anywhere near equivalent or
    23        effective.
    24
    25   MR. JUSTICE BELL:  So you are not -----
    26
    27   MR. MORRIS:  We would certainly look into that, obviously.  All
    28        I am saying is that it is unlikely to be a substitute for a
    29        transcript which, if available and existing, we should have
    30        a copy of.
    31
    32   MR. JUSTICE BELL:  You have made that point before.
    33
    34   MR. MORRIS:  Yes.  I am just re-emphasising that point, that it
    35        is not a substitute.  I am saying we would obviously look
    36        into that if we had to, but that would be -----
    37
    38   MR. JUSTICE BELL:  You see, I have to decide the matter, and
    39        I will, and I will not resile from it.  I am not deciding
    40        Mr. Rampton's application.  I will be deciding your
    41        application which I take to be that I should order
    42        McDonald's to provide you with a copy of the transcript or
    43        that I should order that you have one paid for by public
    44        funds, or that I should order that no one, despite the
    45        provision in Order 68, rule 1, should have a copy of the
    46        transcript if you do not have it.
    47
    48        So it is a tripartite application you are making.  If there
    49        is any other part to your application which I have omitted,
    50        then tell me about it.  I have the point that if I held 
    51        against you on your applications, then you say you want 
    52        time to see if you can get some noting cover.  I have that 
    53        as well.
    54
    55   MS. STEEL:  Yes, certainly.  As far as someone taking notes for
    56        us, obviously, it would not be as good as the transcripts,
    57        but it is going to be considerably better than nothing.
    58
    59   MR. JUSTICE BELL:  I have that point.  But have I described what
    60        your application is accurately?  You still have CaseView

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