Day 145 - 29 Jun 95 - Page 59


     
     1        there is the question of who starts.  That I think I would
     2        leave to your Lordship on consideration of the long agendas
     3        on both sides.  I have a number of things which I want to
     4        add to the agenda; one of which I am not willing to mention
     5        in open court.   I will not say anything about it now.  If
     6        the Defendants want to know what it is, we will write to
     7        them and tell them.
     8
     9   MS. STEEL:  Yes, we do want to know.
    10
    11   MR. RAMPTON:  Then we will do that but I am not going to mention
    12        it now -- not for my sake, but for theirs.
    13
    14   MR. JUSTICE BELL:  What do you want to say about that?
    15
    16   MR. MORRIS:  Certainly about that last matter ----
    17
    18   MR. JUSTICE BELL:  No, not about that last matter, about whether
    19        we sit in chambers or in open court.
    20
    21   MR. MORRIS:  I think our position, in general, is always that
    22        justice must not only be done, it must be seen to be done.
    23        The court should be open unless there is some particularly
    24        good reason why something could not be said in the hearing
    25        of the public.
    26
    27        I think that if Mr. Rampton wants to go into chambers on
    28        specific points, then we should discuss that.  We should
    29        start off in public and if there is an item on the agenda,
    30        or whatever, that is particularly sensitive to the
    31        Plaintiffs for some reason, it is then that we should
    32        discuss going into chambers or not.  Obviously, in general,
    33        the court should be open unless there is particular good
    34        reason why it should not be.
    35
    36   MR. RAMPTON:  Mr. Morris does not have the experience that your
    37        Lordship and I have.  He does know, however, what your
    38        Lordship says -----
    39
    40   MR. JUSTICE BELL:  Let me hear what Ms. Steel has to say.
    41
    42   MR. RAMPTON:  I am sorry, yes.
    43
    44   MR. JUSTICE BELL:  Do you want to say anything, Ms. Steel?
    45
    46   MS. STEEL:  I agree with Mr. Morris on this point.
    47
    48   MR. JUSTICE BELL:  What I will do is I will hear the argument in
    49        chambers because they are all interlocutory matters and
    50        there need be no anxiety about speaking in code and such 
    51        matters.  When I have heard the argument, I will consider 
    52        whether I should deliver my ruling on all the matters in 
    53        due course in open court so that that is public knowledge.
    54        That is the course I propose to take.  We will have the
    55        argument in chambers and then I will consider any
    56        application or, in any event, what my own view is as to
    57        whether my ruling, when I do deliver it, should be in
    58        chambers or not.
    59
    60   MR. MORRIS:  We have just one more last thing, whatever matter

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