Day 157 - 18 Jul 95 - Page 17


     
     1        a copy of the transcripts day by day and should not use
     2        CaseView myself.
     3
     4        Fourthly, they apply for discovery of any transcripts which
     5        McDonald's have which they do not have".  Then I will not
     6        read the next bit.  It is not material at the moment.
     7
     8        Fifthly and finally, you asked for an adjournment to find
     9        assistants if I was against you on those points.
    10
    11        What I need to know is just what your applications are
    12        today.  I have assumed that they are the first one, that
    13        is, an application for an order that the Plaintiffs provide
    14        you with daily transcripts.  The second one, a provision
    15        out of public funds for you to obtain transcripts and, the
    16        fourth one, discovery of any transcripts which McDonald's
    17        have which you do not have.
    18
    19   MR. MORRIS:  Yes.
    20
    21   MR. JUSTICE BELL:  Because on three I ordered in your favour and
    22        (4) is ancillary to the other matters, that is the question
    23        of an adjournment and, anyway, for the time being you have
    24        your recording machine.  So what I am going to do is I am
    25        going to rise now for five minutes.  I want you to tell me
    26        if you are making any application in addition to the ones
    27        which were the first, second and fourth as summarised in my
    28        4th July ruling.
    29
    30                       (Short Adjournment)
    31
    32   MR. JUSTICE BELL:  Yes?
    33
    34   MR. MORRIS:  We will be also be making an application that
    35        should our application to get transcripts fail, that the
    36        case will have become unmanageable, unequal and an abuse of
    37        process and under Ord. 18 r. 19 the proceedings should be
    38        struck out, that the McDonald's Statement of Claim should
    39        be struck out, and costs awarded to us because we cannot
    40        possibly get a fair trial in the circumstances.
    41
    42        If I may just briefly, before we go into the authorities in
    43        this country, refer to European persuasive authority on
    44        ensuring equality.  I do not think I need to refer to the
    45        general matters that would be covered by the inherent
    46        jurisdiction of the courts here or in Europe to ensure a
    47        fair and impartial hearing which is covered by, I presume,
    48        British law as well as a universal declaration of Human
    49        Rights, Article 10.
    50 
    51        There is a case, Airey v. Ireland, which Mr. Riley informs 
    52        me that the court has a copy; we do not actually have a 
    53        copy of it and Mr. Rampton does have a copy of that.  It
    54        relates to -----
    55
    56   MR. RAMPTON:  My Lord, I have a copy because it was on the
    57        Defendants' list.  Your Lordship has a copy for the same
    58        reason.
    59
    60   MR. MORRIS:  I just do not know where it is held.  Everyone has

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