Day 202 - 11 Jan 96 - Page 04


     
     1        see, there is another aspect to the case, that, important
     2        as a ruling may be, everyone involved in this case has
     3        their hands full, and one's attention goes on to the next
     4        matter which involves immediate consideration and, with the
     5        best will in the world, things can be left over, as they
     6        have been from time to time.
     7
     8        Unless Ms. Steel or Mr. Morris wish to say anything to me,
     9        that is what I propose to do with regard to the ruling
    10        which I made on 20th November.
    11
    12        Whether there will be any appeal or not is not my concern,
    13        and I do not want to be told about that.  All I am seeking
    14        to do is making sure that time does begin to run, so that
    15        either party -- for all I know, Mr. Rampton, the Plaintiff
    16        you represent is put to a decision as to whether they
    17        appeal or not.
    18
    19   MS. STEEL:   If I could just say that we are not kind of doing
    20        this as some kind of trickery, or anything like that.  What
    21        happened was that, as a result of what you said on
    22        12th December about the need to call evidence on heart
    23        disease, we thought it appropriate to get legal advice
    24        about whether that did mean that you find a meaning greater
    25        than that which the Plaintiffs have pleaded; and the first
    26        day that we were able to see solicitors was the Tuesday
    27        when the solicitor phoned you.  They telephoned the appeals
    28        office, and it was the appeals office that said we could
    29        not put in an appeal unless we had a drawn up order, that
    30        they would not accept it -- because we were trying to find
    31        out how much time we would have left if we were going to
    32        make an appeal; and it was them who made that point and
    33        them that advised the solicitor to phone Mr. Glen.  That
    34        was really how it arose.
    35
    36   MR. JUSTICE BELL:  Well, I will make two points on that.  The
    37        first is that, in any event, I think it would be wise for
    38        an order to be drawn up with regard to that ruling.  The
    39        second is this, that if at any stage in this trial you are
    40        contemplating an appeal, that you communicate with the
    41        office of the Registrar of Civil Appeals, and if you feel
    42        you are running into some procedural difficulty, do mention
    43        it in open court, because I may be able to help.
    44
    45        In fact, the information I have been given about pro forma
    46        appeals or applications for leave to appeal (which really
    47        is also what Mr. Rampton has just said) comes from checking
    48        with the Registrar of the Court of Appeal himself
    49        yesterday.
    50 
    51   MS. STEEL:   Right, yes. 
    52 
    53   MR. JUSTICE BELL:  So, if you are running into any difficulty
    54        with any step you want to take, either with an office
    55        related to the High Court or the Court of Appeal, mention
    56        it to me and we will see if the problems can be solved.
    57
    58   MR. MORRIS:  Can I say, before we call a witness, I have found
    59        the document called Practice.
    60

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