Day 284 - 22 Oct 96 - Page 03


     
     1        discussions, it does not actually...  I mean, they pay an
     2        extra œ20 for our copies on top of what they are paying
     3        themselves, and obviously we can pay that œ20 and get it
     4        three weeks later, or it can be of assistance to the whole
     5        court if McDonald's would agree to waive their legal
     6        advantage and say to Barnett Lenton that we can purchase
     7        them at œ20 a day immediately, the following day, rather
     8        than having to wait the three weeks.
     9
    10   MR. JUSTICE BELL:  Well, if you want to speak to
    11        Mrs. Brinley-Codd about that or write her a letter about
    12        that, by all means do so.  This is all part of the normal
    13        interchange between parties in litigation.  Quite frankly,
    14        I don't think I need it.  I thought I got a pretty good
    15        note of what Mr. Morris said, or the parts which I thought
    16        might bite on my decision in due course, and as you and he
    17        go through your submissions, I expect to continue to do
    18        that.  So I do not need it.
    19
    20   MR. MORRIS:   I would like to ask the plaintiffs, through the
    21        court, are they prepared to allow us to buy the transcripts
    22        for œ25 tomorrow?
    23
    24   MR. JUSTICE BELL:  I am not going to be used as a conduit pipe
    25        for conversations which you can perfectly well carry on
    26        yourself.  You must make the request directly, and not
    27        through me, or put it in a letter if you want.  But, you
    28        know, there is a limit to how much you can use the judge
    29        for your own purposes.
    30
    31   MR. MORRIS:   It is a benefit to the whole court.
    32
    33   MR. JUSTICE BELL:  It is not a benefit to me.  It is entirely a
    34        matter for McDonald's to decide, whether to do that or
    35        not.  If you want to make a fuss about it because you think
    36        it is justified to make a fuss about it, you must make it
    37        not through me.
    38
    39   MS. STEEL:   It is a lot easier to raise it here and now rather
    40        than having to write letters.
    41
    42   MR. JUSTICE BELL:   Maybe.  I have made my position clear about
    43        it.  Daily transcripts are a mixed blessing at the best of
    44        times.  I can see that there may well be advantages in
    45        relation to getting the evidence exactly right.  I have to
    46        say I would be quite relieved not to feel obliged to read
    47        transcripts of submissions when I reckon I have a pretty
    48        good note of them.  That really is my response to what
    49        Mr. Rampton has to say.  I think you would serve yourself
    50        best if, whatever fight you have with McDonald's or Barlow 
    51        Lyde & Gilbert about that out of court, just concentrate on 
    52        making your points to me as best you can.  That is what I 
    53        want you to do.
    54
    55   MR. MORRIS:   Just a couple of things before I start.  I did
    56        check up the references to previous transcripts, which
    57        I have got here, and it was on 21st December 1993 on
    58        page 27, line between D and ----
    59
    60   MR. JUSTICE BELL:   Which of the references is this?

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