Day 241 - 26 Apr 96 - Page 09


     
     1
     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.
    12
    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.
    17
    18   MS. STEEL:   Can I say, for my part, I have been anxious to
    19        get  -----
    20
    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.
    25
    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".
    37
    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.
    44
    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.
    55
    56        So that would be one of the grounds on which we were
    57        seeking leave to appeal.
    58
    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

Prev Next Index