Day 146 - 03 Jul 95 - Page 42


     
     1        this or that facility, then you will have to give me a
     2        chapter and verse for that power, because at the moment
     3        I am not aware of having any such power myself.
     4
     5        If you are suggesting that I not only can make a comment
     6        but should one way or another, you will have to persuade me
     7        about that.
     8
     9        The third factor, of course, like anyone else, I can say:
    10         "Well, I do not want CaseView" or "I do not want a
    11        transcript", but I would be grateful if you would help me
    12        by telling me what your attitude to that is.  If you are
    13        content that I should continue to have CaseView if you do
    14        not, and/or you are content that I should continue to have
    15        a transcript if you do not, there we are.  If you are not
    16        content with that, I would like you to tell me why and
    17        argue that.  But I think you should think about it
    18        overnight.
    19
    20   MR. MORRIS:  Yes.  If I can just say one thing?  I cannot see
    21        how it can be fair by any stretch of the imagination that
    22        one party have a transcript and the other party does not.
    23        I think that is what the Plaintiffs should think about
    24        overnight.  There are a lot of other issues raised by
    25        Mr. Rampton's submission, but certainly I cannot see --
    26        obviously, there are a lot of things about this case which
    27        we may think are unfair but this would just compound the
    28        unfairness in this case.
    29
    30   MR. JUSTICE BELL:  I am not indicating any view one way or
    31        another on that, but even if I thought you were right about
    32        that, it would not give me the power to order McDonald's to
    33        provide you with a transcript any more -- this is the way
    34        I am thinking at the moment -- than if someone was sitting
    35        in the back row there and taking an accurate shorthand note
    36        which was then being transcribed for the benefit of one
    37        party I could say:  "Well, therefore, the other party must
    38        have it" or "I must have it".
    39
    40   MR. MORRIS:  Can I ask?  It is my understanding that the Lord
    41        Chancellor has a fund that is available in certain
    42        circumstances for a party in litigation.  I cannot remember
    43        where we got that from.  It is something that -----
    44
    45   MR. JUSTICE BELL:  I have asked you to give me chapter and
    46        verse.  I do not know about it, so if there is one you had
    47        better find out about it and let me know about it and try
    48        to find out what principles, if any, there are as to its
    49        administration.
    50 
    51   MR. MORRIS:  I just thought you might have heard about it. 
    52 
    53   MR. JUSTICE BELL:  No.  Knowledgeable though I may be, I do not
    54        know everything and I am asking for your assistance in
    55        relation to that.  I am not aware of that.  It may be that
    56        the Lord Chancellor has been persuaded in very few cases to
    57        provide a facility of this kind, but you had better try to
    58        make some enquiries so that you can help me about it.  That
    59        is the whole purpose of talking this through this evening,
    60        to tell you, apart from anything else you may want to say,

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