Day 158 - 19 Jul 95 - Page 07

     
     1
     2        Actually, it does not only relate to the evidence, because
     3        a lot of what is said in court relates to legal
     4        applications as well.  We are going to be seriously
     5        hampered in all our legal applications from now until the
     6        end of the case, because even just checking last night for
     7        the Brazilian stuff, I had to go through dozens of pages of
     8        transcripts to try to check out things that are absolutely
     9        essential for the application that we are making.
    10
    11        So we will not be able to make effective legal submissions
    12        without transcripts, which can only benefit the Plaintiffs
    13        and injure the public interest.
    14
    15        McDonald's say they can use the transcripts to resolve any
    16        question or dispute over what has been said in court.
    17        Well, we want the right also to resolve any question or
    18        dispute.  We do not see why they should be able to
    19        selectively -- when they mean resolve, they mean to use
    20        what is in their favour, which is exactly how the
         Plaintiffs have conducted the case from Day One, to refer
    22        to points in the transcripts which benefit their case,
    23        which is not surprising.  We would, of course, use points
    24        in the transcript to benefit our case; therefore, we need
    25        to have those transcripts.
    26
    27        Just on one subject of the Lord Chancellor's letter:  can
    28        it be right that if we make an application to the
    29        Lord Chancellor, the Plaintiffs can write anything that we
    30        do not know what they are going to write and say anything
    31        which may sway the Lord Chancellor, without us having,
    32        whether by right or by courtesy, a copy of what they write?
    33
    34   MR. JUSTICE BELL:  It might be advisable, if any party writes to
    35        the Lord Chancellor, that that party sends a copy of the
    36        letter to the other side.  Did you send a copy of your
    37        15th ---
    38
    39   MS. STEEL:  12th July.
    40
    MR. JUSTICE BELL:  -- July letter at the same time?
    42
    43   MS. STEEL:   No.  But we did give it to them in court.
    44
    45   MR. JUSTICE BELL:  On the 15th?
    46
    47   MS. STEEL:  Yes -- well, whenever it was, yesterday.
    48
    49   MR. RAMPTON:  Yesterday, my Lord.  It was dated the 12th, and we
    50        were given a copy at the same time as your Lordship 
    51        yesterday. 
    52 
    53   MS. STEEL:  I did want to say something about this, but perhaps
    54        -- I do not know whether I should come back to it when
    55        Mr. Morris has -- what I wanted to say was:  Mr. Rampton,
    56        on day 147, page 21, line 57, said that -- sorry, there was
    57        a discussion about whether it would be copyright to copy
    58        copies of the transcripts (sic); and, anyway, Mr. Rampton
    59        said he was not particularly concerned about that.
    60