Day 241 - 26 Apr 96 - Page 08


     
     1   MR. RAMPTON:  I entirely accept that because it was, in fact,
     2        Mr. Tosi junior that I put to him and so that is common
     3        ground between Mr. Secrett and us.
     4
     5   MR. JUSTICE BELL:  Yes.
     6
     7   MS. STEEL:   I am not sure what we want to go on to next.
     8
     9   MR. JUSTICE BELL:  Just pause a moment.  I want to make a note,
    10        not that I think it will decide the case.
    11
    12        There is one matter I want to mention, and then it is
    13        really up to the parties which matters they raise and in
    14        what order.  But Mrs. Brinley-Codd sent me (as she always
    15        does) a copy of a letter which she wrote to you and
    16        Mr. Morris dated 25th April 1996, about leave to appeal
    17        from my rulings on leave to re-amend and to amend.
    18
    19   MS. STEEL:   That was one of the things that I was going to
    20        raise.
    21
    22   MR. JUSTICE BELL:  Do you want to deal with that now?  It is
    23        entirely up to you.  What I wanted to say is that I would
    24        be grateful, whether or not you applied for leave,
    25        Mrs. Brinley-Codd got on and sealed the order now because
    26        although she is perfectly entitled to make her own judgment
    27        of these things, if it is not sealed, it means a party who
    28        is thinking of appeal can delay applying for leave and the
    29        28 days does not run.
    30
    31   MR. RAMPTON:  I am not sure that is right, you see.  I am
    32        sorry  ------
    33
    34   MR. JUSTICE BELL:  There is absolutely no need for the order to
    35        contain the refusal of leave to appeal, is there?
    36
    37   MR. RAMPTON:  Quite honestly, I am a little cautious about it.
    38        It is clear that leave is required under Ord. 59 r. 1B.  It
    39        is clear also that Defendants cannot apply to the Court of
    40        Appeal unless they have first applied to your Lordship and
    41        your Lordship has refused leave.  It is the note in 59.14.5
    42        which is has puzzled me which is why Mrs. Brinley-Codd
    43        wrote the letter she did.  It may simply be a question of
    44        convenience in which case we can get on and draw up and
    45        seal the order itself and then draw a later one.  It is
    46        59.14.5, at letter C.  It may be that it can do as a
    47        separate order.
    48
    49   MR. JUSTICE BELL:  I can see it is extremely boring if one has
    50        to do a second order, but I see no reason for 
    51        Mrs. Brinley-Codd to do that.  If she draws up and has 
    52        sealed an order dealing with the leave or lack of it, then 
    53        it is entirely for the person who is thinking of appealing
    54        to be able to provide for the Court of Appeal an order
    55        saying that leave has been refused if -- well, there we
    56        are, there is no need to say any more.
    57
    58   MR. RAMPTON:  My Lord, the main order is ready; it is just we
    59        thought, for convenience, if the matter were dealt with
    60        today, obviously ------

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