Day 241 - 26 Apr 96 - Page 09
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2 MR. JUSTICE BELL: It is important because I am not minded to
3 delay the publication evidence on either side pending any
4 appeal. I was willing to do that with regard to nutrition
5 witnesses but I am not prepared to do that. As far as I am
6 concerned, you have leave to re-amend and Ms. Steel and
7 Mr. Morris have leave to amend in the terms which I ruled.
8 That is the basis upon which the case must be conducted
9 until there has been a successful appeal. If there has not
10 been a successful appeal when we get to the publication
11 evidence, well, there we are.
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13 MR. RAMPTON: That is exactly the attitude we have adopted. It
14 was simply that we would include the refusal of leave if
15 leave were refused in the order which would be sealed
16 today, but it is not really my problem.
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18 MS. STEEL: Can I say, for my part, I have been anxious to
19 get -----
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21 MR. JUSTICE BELL: Just pause a moment.
22 (The learned Judge conferred with the Associate)
23 All this may be by the way if you choose to apply for leave
24 to appeal anyway, but that is entirely a matter for you.
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26 MS. STEEL: If I could just say, for my part, I have been
27 anxious to get this moving. I asked Mr. Hill on Monday
28 whether the order was drawn up. He said that it had been
29 drawn up and it would be sealed on Tuesday. I asked
30 Mrs. Brinley-Codd if it had been sealed on Tuesday at the
31 end of court. We finished at midday. She said it had not
32 been done yet, but that it should be done that afternoon
33 and that she would try to get it couriered around to me
34 that afternoon. I said: "Do not worry about it; just
35 bring it to court on Wednesday morning, then I can take it
36 around to the Appeal Office".
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38 We were then told on Wednesday that it was not ready and
39 got a letter that they wanted a copy of our Amended Defence
40 before they could draw it up. We then provided that and
41 then there was this letter yesterday, saying that they had
42 not sealed the order because we ought to bring up about
43 leave to appeal first.
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45 So, although I have not had time to prepare, I am willing
46 to apply for leave to appeal now. Obviously, we feel that
47 they are very important issues and that the case has been
48 widened to a very great extent, not just to whensoever and
49 wheresoever between 1989 and 1990, which the dates which
50 were previously pleaded, the fixed dates which were
51 previously pleaded, fell within, but it has also been
52 expanded wider beyond that, back to 1987, for which as yet
53 there is absolutely no evidence in the case from either
54 party about what was going on in 1987 and 1988.
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56 So that would be one of the grounds on which we were
57 seeking leave to appeal.
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59 The other major area which is a point of law which ought to
60 be looked into and determined -- I did raise it briefly in
