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
