Day 147 - 04 Jul 95 - Page 22

     
     1        benefactor, some Fairy Godmother, that is none of my
     2        business whatever.  I shall go on being concerned about the
     3        way in which they misreport the proceedings, but I cannot
     4        do anything to prevent it, save of course to rely upon it,
     5        as I have already, in support of the Defence to
     6        Counterclaim and the plea of malice and the claim for
     7        injunction.
     8
     9   MR. JUSTICE BELL:  What sort of cost is involved?  Can I say
    10        what my understanding is, and you tell me if I am wrong.
    11        I appreciate that it is an unusual way of conducting an
    12        argument.  Transcripts, first of all, because, if you can
    13        give it to me, I would be grateful for help on CaseView as
    14        well.
    15
    16        Barnett Lenton are the Official Shorthand Writers for the
    17        purposes of the case.  They keep a full verbatim record of
    18        the proceedings in case anyone wants a transcript of it.
    19        They have copyright of the transcript when produced at
    20        someone's request, whether it is a transcript of the
         evidence, argument, or a ruling made by me.  Any party can
    22        obtain a copy of a transcript or any numbers of copies from
    23        Barnett Lenton by paying Barnett Lenton's fee for the copy,
    24        or greater fees for numbers of copies.  Can anyone who is
    25        not a party obtain a copy of a transcript from
    26        Barnett Lenton?
    27
    28   MR. RAMPTON:  My Lord, I have no idea.  I do not know whether
    29        they would have a right.  It might depend upon an
    30        individual agreement between -- it is in Order 68, rule 1,
    31        subrule (2).
    32
    33        In passing, I note:  "Proceedings at first instance are
    34        governed by (1) and contain no provision for supplying
    35        transcripts to impoverished litigants."
    36
    37        Subrule (2) says:
    38
    39        "Nothing in this rule shall be construed as prohibiting
    40        supply of transcripts to persons not parties to the
         proceedings."
    42
    43        It does not give them a right to have a transcript but, of
    44        course, it does give them the right to -----
    45
    46   MR. JUSTICE BELL:  So is it that only a party may demand to be
    47        supplied, but (2) says that that does not prevent them
    48        supplying others?
    49
    50   MR. RAMPTON:  Barnett Lenton can supply copies to third parties, 
    51        strangers, on payment of a proper fee, I suppose, to be 
    52        negotiated between them and the third party.  So far as the 
    53        parties are concerned, they have a right to the transcript.
    54
    55   MR. JUSTICE BELL:  Barnett Lenton cannot say "no", provided the
    56        party demanding the transcript pays the charges authorised
    57        by any scheme in force.
    58
    59   MR. RAMPTON:  No doubt, if Channel 4 are given transcripts, that
    60        is because they have negotiated a fee with Barnett Lenton.