Day 241 - 26 Apr 96 - Page 11


     
     1        if you felt that there are grounds for going to the Court
     2        of Appeal, it will certainly save the Court of Appeal
     3        having to have an extra hearing.  It will certainly save
     4        time in terms of having to have that hearing and then a
     5        further hearing arranged at a later date.  Thirdly, of
     6        course, the time factor in this case, in that the
     7        publication issue has, effectively, already started and
     8        coming up.  Therefore, it is important that this is
     9        resolved as soon as possible.
    10
    11        So, for all those reasons, we would like leave to appeal.
    12
    13   MR. JUSTICE BELL:  Yes.  The Court of Appeal, as everyone is
    14        well aware, is extremely busy and has a large backlog of
    15        cases.  I think the Court of Appeal should decide whether
    16        leave should be granted to appeal in this case and I myself
    17        refuse leave.
    18
    19   MR. RAMPTON:  My Lord, would your Lordship, therefore, like that
    20        order to be included in the order as drawn up?
    21
    22   MR. JUSTICE BELL:  If Mrs. Brinley-Codd is prepared to add it,
    23        if it has not yet been sealed, then so much the better and
    24        then Ms. Steel and Mr. Morris can -----
    25
    26   MR. RAMPTON:  I am getting some instructions which may help.
    27        The order is already with the Associate.  It was there,
    28        I think, on Wednesday or Thursday -- yesterday.
    29
    30   MR. JUSTICE BELL:  Yes, that is what I was told a moment ago.
    31
    32   MR. RAMPTON:  It was held pending this question of leave to
    33        appeal.  It would be a simple thing now for the Associate
    34        simply to include that refusal of leave in the order.
    35
    36           (The learned Judge conferred with the Associate)
    37
    38   MS. STEEL:   Is it possible that the order could be ready by
    39        this afternoon?
    40
    41   MR. JUSTICE BELL:  Yes, what I am saying, I am asking that it be
    42         -- how long will it take to do that -- it is hoped it
    43        might be done for this afternoon.
    44
    45   MS. STEEL:   OK.
    46
    47   MR. JUSTICE BELL:  Then you can ---
    48
    49   MS. STEEL:   Take it up.
    50 
    51   MR. JUSTICE BELL:  -- take your appropriate courses. 
    52 
    53   MS. STEEL:  They have got a new procedure now where you have to
    54        do an initial form.  Could I ask, when I hand the form in,
    55        would it be appropriate to say that it needs to be
    56        expedited and ------
    57
    58   MR. JUSTICE BELL:  I will communicate with Mr. Adams again.
    59        I will not, obviously, say anything about the appeal, save
    60        that I understand you are appealing on another

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