Day 241 - 26 Apr 96 - Page 12


     
     1        interlocutory matter.  I will say I have indicated that
     2        whereas I was prepared to wait on the nutrition matter,
     3        I am not prepared to delay evidence pending your
     4        application.
     5
     6   MS. STEEL:   Right.
     7
     8   MR. MORRIS:  Do they then get the inference that you are hoping
     9        it be expedited?
    10
    11   MR. JUSTICE BELL:  I cannot speak for the Court of Appeal.  All
    12        I am saying is that in so far as it may help, I am prepared
    13        to communicate with Mr. Adams, the Registrar of the Court
    14        of Appeal, and say that there is an application for leave
    15        to appeal in the pipeline and I would be grateful if it
    16        could be dealt with as soon as possible.
    17
    18   MR. MORRIS:  Thank you very much.
    19
    20   MR. JUSTICE BELL:  The refusal of leave is no slight on you;
    21        very rarely do judges at first instance grant leave to
    22        appeal for the reason which I have gave.
    23
    24   MS. STEEL:   Right.  Can I bring up a scheduling matter very
    25        briefly ---
    26
    27   MR. JUSTICE BELL:  Yes.
    28
    29   MS. STEEL:  -- which is that I phoned Colin Campbell and
    30        explained to him the situation about concern if his
    31        evidence was not finished on that day, on the 10th.
    32        I asked him whether it would be possible for him to come at
    33        a later date.  He said that he would be able to come on 4th
    34        and 5th June and, hopefully, the two days will be enough,
    35        if that was suitable to the court.
    36
    37   MR. JUSTICE BELL:  I am not sure whether it is, I was going to
    38        wait until later in the morning, but Mr. Glen has the
    39        communication from the Central London Civil Trial Centre --
    40        I think he is hoping to hear later in the morning -- but it
    41        may well be that Mr. Morris' other matter will not be heard
    42        on Thursday and Friday, 2nd and 3rd May, but it may be that
    43        it will be heard on 4th and 5th June.  So, before you fix
    44        up Mr. Campbell, I suggest you wait and hear that because
    45        I really cannot lose even one day, let alone two days, to
    46        help Mr. Morris with regard to his other case.
    47
    48   MS. STEEL:   OK.  I will ------
    49
    50   MR. JUSTICE BELL:  So just hold back on that. 
    51 
    52   MS. STEEL:   I will see what happens this afternoon. 
    53
    54   MR. MORRIS:  I have the letter written by my solicitors in that
    55        case to the Central London ------
    56
    57   MR. JUSTICE BELL:  I do not want to hear any more about that at
    58        the moment because I hope that you will not be put to
    59        deciding between this court and that court on 2nd and 3rd
    60        May, but we will just have to wait and see.

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