Day 157 - 18 Jul 95 - Page 14


     
     1        So in your own time tell me what you say about that.
     2
     3   MS. STEEL:  I think there is a difference in that, firstly,
     4        normally barristers and solicitors have training in taking
     5        notes.
     6
     7   MR. JUSTICE BELL:  Yes.
     8
     9   MS. STEEL:  They have obviously people helping them.  Barristers
    10        generally are not in court without solicitors and the
    11        solicitors can take notes while the barristers are
    12        speaking.  We are not in that position.  Sometimes we have
    13        helpers in court, sometimes we have not, but they are not
    14        in any event trained to take notes.  Also, they are
    15        generally here to help us out with finding documents and
    16        things like that which they cannot do at the same time as
    17        taking notes.  Also, there are not many cases that are as
    18        long as this.
    19
    20        If you have only to take notes of, I do not know, a couple
    21        of days, or something like that, then the chances are that
    22        even if your note is not 100 per cent complete, your memory
    23        is still going to be fairly fresh of what was said only a
    24        few days ago.  Obviously, with a case that is going on for
    25        nearly two years, we are extremely unlikely to be able to
    26        remember what has gone on by the time we have reached the
    27        end of the trial and have to make closing speeches.
    28
    29        Also, because there is a huge number of witnesses, there is
    30        a great deal of cross-referencing to do.  If we do not have
    31        transcripts of the case and we are just relying on our
    32        handwritten notes, it is extremely likely that we are going
    33        to miss points that we may want to put to future witnesses,
    34        or if we do not have an accurate record because we could
    35        not write it down fast enough, there may then be an
    36        argument if we put something to a witness which it is
    37        disputed whether or not that was said.
    38
    39        All the advantage is going to be on the Plaintiffs' side
    40        because not only have they got a huge legal team, they are
    41        going to be the only ones with a full record of what has
    42        been said.  I think they themselves have recognised that we
    43        are going to suffer a disadvantage if we do not get
    44        transcripts.
    45
    46        In their letter of 10th March 1995 they said:  "As you know
    47        perfectly well, the purpose of doing this", i.e. providing
    48        transcripts, "was to ensure that you should not suffer any
    49        avoidable disadvantage in the conduct of your defence."
    50        That is clearly a recognition that without the transcripts 
    51        we will suffer a disadvantage.  It is a disadvantage that 
    52        is avoidable either by them providing copies or by allowing 
    53        us to make copies ourselves or by allowing us to buy copies
    54        at the cheaper rate the day they are made, rather having to
    55        wait three weeks by which time they will not be much help
    56        for the purposes of cross-examination and preparation.
    57
    58   MR. MORRIS:  Maybe this would be a useful time to hand up the
    59        notes that I took last Friday in court.  I would prefer if
    60        I got them back as they are my legal notes, privileged, but

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