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
