Day 147 - 04 Jul 95 - Page 36
1 well, and why we should not the have the right to show
2 transcripts to our witnesses and legal advisers and give
3 them copies, so they are able to read them in our own time
4 and make their own comments, rather than having us sitting
5 over them, watching their every move while they are doing
6 it, and wasting our time -- and theirs, for that matter.
7
8 I think on Order 68, rule 1, Mr. Rampton said something
9 that there was nothing in there about the provision of
10 transcripts from the public purse. But it also does not
11 rule them out. We would argue that the principle is the
12 same, and there is that discretion there in the case of
13 defendants who are unable to pay for transcripts
14 themselves, particularly in a very long case which has a
15 great deal of evidence which will need to be reviewed at
16 several stages throughout the proceedings.
17
18 The other thing about the need for an adjournment, even if
19 the Plaintiffs do keep providing transcripts in the interim
20 period, we would still need time because, generally
21 speaking, we are in court during working hours, and we may
22 not be able to make all the necessary phone calls out of
23 court hours and may not be able to get hold of people that
24 we need to contact for either taking notes or for seeking
25 alternative funding for the transcripts.
26
27 MR. MORRIS: Just one thing I have to say is, I believe the
28 transcripts are discoverable documents. The content is
29 relevant to issues in the case, obviously, because it is
30 the evidence. It is not the same as notes taken by a
31 party, because they are transcripts, not notes. They are
32 not selective and they do not contain comments. Therefore,
33 they should be disclosed. They are not privileged. The
34 content cannot be privileged because it is transcripts of
35 the evidence which is public information. Thank you.
36
37 MR. JUSTICE BELL: Thank you.
38
39 MS. STEEL: I should just say there is something else that we
40 may raise concerning the conversation with the
41 stenographers, but that may not be necessary to raise it
42 depending on what the ruling is.
43
44 MR. JUSTICE BELL: If you think it is relevant to any of the
45 matter I have to decide, you should say so now because it
46 will be too late after I have made my ruling. I am working
47 on the assumption that you are telling me that you cannot
48 afford to pay for your own copies of transcripts unless or
49 until you are able to raise some funding, by which I take
50 you to mean loans or gifts from other people to enable you
51 to do so.
52
53 MS. STEEL: That is correct, yes, that is the position.
54
55 MR. JUSTICE BELL: I propose to rule on the applications which
56 the Defendants have made now.
57
58 (For Ruling, please see separate transcript)
59
60 MR. JUSTICE BELL: I do not see why we should not use the
