Day 146 - 03 Jul 95 - Page 39


     
     1        September.  The point being there is absolutely no point in
     2        giving a date which would be convenient in the general
     3        panorama of what one is expecting to be doing in the
     4        future, but which is unrealistic so far as the Defendants
     5        putting pen to paper is concerned.
     6
     7   MR. ATKINSON:   I think there is a lot to be said for that.
     8
     9   MR. RAMPTON:  Yes.
    10
    11   MR. JUSTICE BELL:  Yes, thank you, Mr. Atkinson.
    12
    13   MR. RAMPTON:  I am not in any sense encroaching on his
    14        submission, it is only that it really depends on when one
    15        is going to get to the issues of publication and malice.
    16        Assuming that that is not going to be until November, the
    17        middle of November, at the earliest (which is one is bound
    18        to assume because there is the Defendants' employment
    19        witnesses, there is then rainforests, I would have thought
    20        the middle of November), what one needs is time to clear up
    21        any outstanding points on discovery and, if we should need
    22        it, to find evidence to meet the particulars of malice that
    23        Mr. Atkinson has asked for.
    24
    25   MR. JUSTICE BELL:  I have not heard Ms. Steel and Mr. Morris.
    26        If I were minded to make the order, I have in mind a date
    27        about the middle of September.
    28
    29   MR. RAMPTON:  The middle of September, yes.  At least we will
    30        know where we are by the time we reconvene.  My Lord, I am
    31        sure that we would not disagree with that.  It will give us
    32        plenty of time to find whatever is needed.
    33
    34   MR. JUSTICE BELL:  Thank you both.  Do you want to start this
    35        evening or in the morning?  It is entirely up to you.
    36
    37   MS. STEEL:  I think probably on most things it would be better
    38        if we left it until the morning, but we wanted to say
    39        something about the transcripts this evening.
    40
    41   MR. JUSTICE BELL:  I will tell you the way I am thinking.  I am
    42        entirely disinclined to give any indication of what a party
    43        in this action should or should not do.  I do not think
    44        I have any power to order a party who has decided to pay
    45        for transcripts or some mechanical aid to give the benefit
    46        of it to another party.  I am saying this partly so you can
    47        think about it overnight and ask anyone else if you want
    48        to.  So, I would like to hear you on that aspect.
    49
    50        The second aspect is, if that remained my attitude, that it 
    51        was entirely a matter for the First and Second Plaintiffs 
    52        what they did with any CaseView they had or any transcripts 
    53        they were obtaining, what, if any, attitude I should adopt
    54        as to whether I actually accepted them myself.
    55
    56        Just a few ramifications you might think about:  First of
    57        all, and I think you ought to think of CaseView and
    58        transcripts separately -- they may go hand-in-hand, they
    59        may not -- whether, for instance, I should continue to have
    60        the benefit of CaseView in the court if you do not;

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