Day 102 - 13 Mar 95 - Page 04
1 Everyone is fairly near each other. From time to time you
2 will see things written on their documents without prying,
3 and from time to time Mr. Rampton, Mr. Atkinson or
4 Mrs. Brinley-Codd will see things written on your documents
5 without prying. If they do, one cannot ignore the fact of
6 what one sees. That is all.
7
8 There is no sort of Chinese wall that anything you see by
9 accident has to be put out of mind. They should not be
10 leaning over particularly with a view to look. On the
11 other hand, if you want to keep something out of sight,
12 make sure that it is a bit away. That is all.
13
14 MS. STEEL: Can I just ask something since this has come up?
15 We have a set which is a copy which is in court.
16
17 MR. JUSTICE BELL: A set of?
18
19 MS. STEEL: A spare set of transcripts, but I presume that
20 there was nothing wrong with that since we need a set at
21 home to work from and a set here to use in court.
22
23 MR. JUSTICE BELL: You are getting a copy each so that is two
24 sets.
25
26 MS. STEEL: Yes, but we do not live together.
27
28 MR. JUSTICE BELL: I was not suggesting you were; I thought
29 maybe you were sharing one for out of court work and one
30 for in court work. Quite frankly, I do not know what the
31 copyright rules are with regard to photocopying for your
32 own purposes.
33
34 MR. RAMPTON: My Lord, there could not under the new Copyright
35 Act be any breach of copyright in copying a transcript
36 supplied by the transcribers for the sole purpose of the
37 conduct of court proceedings.
38
39 MR. JUSTICE BELL: It might be thought that was implicit in
40 actually handing it to you. I am not going to enter the
41 argument now, but what will be argued is, although it may
42 be implicit in giving you a copy of the transcript that if
43 you want one in court as well as you each having one at
44 your respective homes, you can make a third copy for that
45 purpose. If it ever comes to the crunch, what could be
46 argued is that it is certainly not implicit in giving you a
47 copy that you use it for some external purpose. But I am
48 not going to concern myself with that at the moment.
49 I will wait and see what happens.
50
51 MS. STEEL: I will say for the record that I do not know whether
52 any of them say "Return to McLibel two". I have
53 just looked at one early on which says: "Refer to the
54 McLibel Defendants". The reason for that was at the start
55 of the trial we were handing these transcripts to the
56 people who were giving us legal advice so they could review
57 it over the week, and see if there was anything to talk
58 about when we were getting advice. That is the reason why
59 it says "Return to McLibel Defendants". Although we are
60 not doing that regularly at the moment, because we do not
