Day 146 - 03 Jul 95 - Page 40


     
     1        secondly, whether I should continue to have the benefit of
     2        the transcript which I receive each morning or the day
     3        before if you do not.  I would not jump to a hasty
     4        conclusion about that because, if you look at it from the
     5        point of view of your own interest, it does not necessarily
     6        follow that if you do not have it I should not, because if
     7        I am going to have the benefit, for instance, of looking at
     8        transcripts of an accurate, i.e. transcript note of the
     9        evidence, the advantage is I will get it right.  If I take
    10        extracts from it or look back over it to remind myself what
    11        people would say, I will remind myself accurately of what a
    12        witness of yours has said and I will remind myself
    13        accurately of what answer has been given which you might
    14        want to pray in aid in due course, just as I will remind
    15        myself accurately of evidence which has been given against
    16        what you would like to argue for.  It runs both ways.
    17
    18        So, there are various ramifications for you to think about,
    19        quite apart from the whole question of whether I have any
    20        power to make -- Mr. Rampton says I do not and at the
    21        moment it seems to me he is right -- but if you think I
    22        have a power to make any direction in relation to
    23        transcripts or CaseView, then you will have to give me
    24        chapter or verse about it.
    25
    26        What I am totally disinclined to do at the moment is start
    27        advising a party which has the where-with-all to produce a
    28        transcript or use CaseView what it should do with it or not
    29        do with it.
    30
    31   MS. STEEL:   Some of those things may be we should deal with
    32        tomorrow, but there are a few things that I wanted to say
    33        tonight, and I think we would ask the Plaintiffs to
    34        reconsider this matter.  Firstly, we have not given
    35        transcripts to anyone other than witnesses for their
    36        comments and legal advisers for the purposes of advice.
    37
    38        On the last occasion this was brought up Mr. Rampton
    39        produced a Canadian magazine, a photocopy of a Canadian
    40        magazine, which said something about transcripts are
    41        available from such and such address.  We have absolutely
    42        no idea why they printed that.  We have never said that
    43        transcripts are available.  Apart from anything else, it
    44        would be completely impractical for us to even consider
    45        photocopying, I do not know how many thousands pages of
    46        documents, for distribution to the general public.
    47
    48   MR. JUSTICE BELL:  I am going to adjourn now.  One thing I think
    49        you have to think about is if I adhere to the provisional
    50        view I have taken, that Mr. Rampton is right that I have no 
    51        power to make orders in relation to how the parties spend 
    52        their money in this matter, and if my provisional judgment 
    53        that I do not want anything to do with giving indications
    54        one way or another to a party in this case as to what it
    55        should do or should not do in a matter like that, then you
    56        have to -- it might be helpful -- I will rephrase that --
    57        you do not have to do anything at all, it might be helpful
    58        for you to consider what your attitude is to keeping any
    59        copies of transcripts which you get in the future to
    60        yourselves because, if it be the case (and this is not a

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