Day 311 - 06 Dec 96 - Page 60


     
     1        look and see whether or not there are any Court of Appeal
     2        decisions since the (?) case, but including that, which
     3        might give your Lordship some guidance.
     4
     5   MR. JUSTICE BELL:  Yes.
     6
     7   MR. RAMPTON:  About damages.
     8
     9   MR. JUSTICE BELL: The other matter then is this:  I have already
    10        said that I would welcome your assistance on what reports,
    11        apart from the report of 26th April 1996, are there which
    12        were relied upon rather than the actual report of the
    13        inquiry agent, or a note of the inquiry agent, and what the
    14        position is as to any checking of any such report.
    15
    16        Implicit in that, of course, is that you have to decide,
    17        whatever the situation is, whether you are actually
    18        applying for leave.  You may as well go back to square one
    19        and say in respect of the section 4 notice in relation to
    20        26th April 1990 report and any others which may come up,
    21        because if you decide you are in fact applying for leave
    22        then I will have a set piece application on that and hear
    23        what Ms. Steel and Mr. Morris want to say.
    24
    25   MR. RAMPTON:  Yes.
    26
    27   MR. JUSTICE BELL:  The other matter is this.  Although I think
    28        the legal matters which have cropped up today are, in fact,
    29        very limited in number there have been some and you have
    30        developed the matter further, and I would like you to
    31        consider whether with your clients whether it would be
    32        right that Ms. Steel and Mr. Morris receive a transcript of
    33        today's hearing.
    34
    35   MR. RAMPTON:  I will say that without even asking them.
    36
    37   MR. JUSTICE BELL:  It seems to me it is only right that they
    38        should receive -- if you would normally accept that they
    39        should receive transcripts of bits where there has been
    40        legal discussion between you and me, then the exercise of
    41        editing to keep out what is purely factual calls more than
    42        it is worth.
    43
    44   MR. RAMPTON:  No, as your Lordship was speaking I was handed a
    45        note by Mrs Brinley-Codd to say the Defendants should have
    46        the whole of today's transcript.  They have already got the
    47        whole of Tuesday's and Wednesday's.
    48
    49   MR. JUSTICE BELL:  Very well.  The next step is this then.
    50        Thank you for what you have said so far.  It seems to me 
    51        that we have got the two matters we have just dealt with 
    52        which you want to address me on.  Unless you have anything 
    53        to say, what is left on Ms. Steel and Mr. Morris's side is
    54        that they can say anything further to me which they want to
    55        on the question of counterclaim.  If need be, I will put
    56        time limits on that but I hope that is not necessary
    57        because I am certainly not going to do it now.  If they
    58        want to say anything more about damages, in the light of
    59        the discussion we have had they should certainly be able to
    60        do that.

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