Day 157 - 18 Jul 95 - Page 24


     
     1        80 sheets of paper for the day which that party is entitled
     2        to demand and to obtain, provided that party pays the
     3        official shorthand writers' charges.
     4
     5        The charges are higher than they might otherwise be because
     6        instead of solemnly transcribing the note which is taken
     7        with pen and ink, or by virtue of a stenography machine, if
     8        that is the appropriate way to describe it, expensive
     9        technology has been loaded on top at the expense of
    10        Plaintiffs.
    11
    12        But, nevertheless, although the mechanics are different, we
    13        then have a transcript of the official shorthand note
    14        referred to in Ord. 68, r. 1.
    15
    16        What I said on 4th July is that I could not see any power
    17        to order the party who, in accordance with the rule, has
    18        demanded the transcript and paid the charges for it to
    19        provide copies to another party -- as it happens, another
    20        party not contributing to the cost -- but to another
    21        party.
    22
    23        I said in my ruling you should have the opportunity to come
    24        back and argue that I did have that power if you thought of
    25        something new.  I also said that I could not find anywhere
    26        a power to order that public funds be spent in order to
    27        provide you with a copy of the transcript, but I said that
    28        if you did find any such power, again you could come back
    29        to me and tell me about it.
    30
    31   MR. MORRIS:  As I understand the situation with regard to
    32        Barnett Lenton, at minimum it is a hybrid situation because
    33        they are producing CaseView and they are producing real
    34        time CaseView and they are producing a transcript checked
    35        against court tapes at the end of the day, or whatever, or
    36        during the day, and because they are acting on behalf of a
    37        party then, effectively, some part of their existence in
    38        the court must be unofficial and, therefore, leave should
    39        be sought and conditions can be imposed, and one of the
    40        conditions we would seek that be imposed that McDonald's
    41        have to hand a copy of the transcript to the Defendants
    42        because of their obvious -- the minimum is a hybrid
    43        situation under the previous Practice Directions we looked
    44        at before which has been canvassed already.
    45
    46        Anyway, that is our application on that.
    47
    48   MR. JUSTICE BELL:  Yes, I understand that.  You see, the
    49        discovery application goes to McDonald's responsibility,
    50        but if we look at the public funds argument now, we 
    51        have ---- 
    52 
    53   MR. JUSTICE BELL:  What you are saying, if I understand it, is
    54        that I should direct that there should be no shorthand note
    55        unless any transcription of that note be provided to you as
    56        well as to the Plaintiffs?
    57
    58   MR. MORRIS:  No, what we are saying is that there should be a
    59        shorthand note and we are not trying to -----
    60

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