Day 154 - 13 Jul 95 - Page 54


     
     1
     2   MR. MORRIS: I want to clarify the situation.
     3
     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.
     7
     8   MR. MORRIS:  I hope so.
     9
    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.
    17
    18   MR. MORRIS:  We will certainly put the argument as best we can
    19        ourselves.
    20
    21   MR. JUSTICE BELL:  How about putting it in next Tuesday in the
    22        light of what Mr. Rampton has said?
    23
    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.
    28
    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.
    35
    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.
    47
    48   MR. RAMPTON:  My Lord, in that case I will terminate them on
    49        Friday evening.
    50 
    51   MR. MORRIS:  Do not quote me as suggesting ---- 
    52 
    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

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