Day 147 - 04 Jul 95 - Page 16

     
     1        of the case, you will no doubt be referred by Mr. Rampton
     2        to comments that were made in the course of evidence and
     3        referred to pages of the transcript.  If there is a dispute
     4        about what was said, then we are going to be disadvantaged
     5        if there is an argument going on which only the two
     6        parties -----
     7
     8   MR. JUSTICE BELL:  I accept you may be disadvantaged.  But just
     9        to help you with your argument, what is the difference
    10        between having the benefit of counsel and solicitors or
    11        not?  I cannot order McDonald's to pay for you to have
    12        either counsel or solicitors to help you daily in court or
    13        to be there available to give you advice.  At the moment,
    14        I find it difficult to see the distinction in principle
    15        with the transcript.  As it has happened, McDonald's, from
    16        Day One, have given you both copies of transcripts.
    17        I assume that they have paid for them in order to hand them
    18        to you, because my understanding is that they cannot buy a
    19        copy and photocopy it.  I cannot buy a copy and photocopy
    20        it; I would be in breach of copyright in doing that, just
         as Barlow's would be if they did it.
    22
    23   MS. STEEL:   If all parties were relying on their notes taken
    24        during the court case, then they would all have equal
    25        weight, but if the position is that one party has a
    26        transcript and the other party does not, then added weight
    27        may be given to that transcript which we have not been in a
    28        position to check, and that would be unreasonable.  I did
    29        want to refer to some other matters in any event.
    30
    31   MR. JUSTICE BELL:  Yes.  Which volume is it?
    32
    33   MS. STEEL:  It is the White Book, volume 1, under Order 68,
    34        rule 5:
    35
    36        "Payment for transcript for poor respondent.
    37        5.- (1) Where the judge by whom any such proceeding as is
    38        referred to in rule 1 was tried or heard or the Court of
    39        Appeal is satisfied that the respondent to an appeal in
    40        that proceeding is in such poor financial circumstances
         that the cost of obtaining a transcript...."
    42
    43   MR. JUSTICE BELL:  I think we had better start a bit earlier.
    44        I am not familiar with this.
    45
    46   MS. STEEL:  We realise that this is specifically referring to
    47        the Court of Appeal at this stage.
    48
    49   MR. JUSTICE BELL:  That is what I was going to look for.  Let me
    50        just look at it, nevertheless. (Pause)  What were you going 
    51        to say?  It does not, on the face of it, enable me to order 
    52        that you should have a copy of the transcript save for an 
    53        appeal, does it?
    54
    55   MS. STEEL:  Yes.  Although this is not an appeal, I think the
    56        principle is there; and if a party may be disadvantaged
    57        because it is too poor to pay for the transcripts,
    58        particularly transcripts which exist but are not available
    59        to that particular party, then there should be a provision
    60        to pay for the transcripts from Central Funds.