Day 154 - 13 Jul 95 - Page 02
1 Thursday, 13th July, 1995
3 MR. JUSTICE BELL: Yes?
5 MS. STEEL: We wanted to ask for an adjournment for up to an
6 hour, really, half an hour to an hour, because we spent all
7 of last night getting legal advice and preparing for the
8 legal argument tomorrow, and we did not have time to go
9 through our notes and put them in order with respect to the
10 questions that we want to ask Mr. Davis. We are certain
11 that we will be finished today, in any event, unless
12 something entirely unexpected crops up. I think it will,
13 in fact, save time in court if we get our notes in order
14 and our questions in order before restarting
17 MR. JUSTICE BELL: You can give me an absolute assurance that
18 you will finish Mr. Davis, can you?
20 MS. STEEL: Yes; as I said, unless something entirely
21 unexpected crops up that he has not mentioned before but,
22 otherwise, yes.
24 MR. JUSTICE BELL: I am not happy with any exception to the
25 assurance. The interlocutory matters for next week may be
26 important. It may be important to take advice.
28 MS. STEEL: No, not for next week, for tomorrow, over the
29 transcripts because -----
31 MR. JUSTICE BELL: What is the nature of that application?
33 MS. STEEL: The thing is, Mr. Morris has a list of authorities,
34 which I have not checked through, which the Plaintiffs
35 asked for yesterday; they said they wanted them today.
37 MR. JUSTICE BELL: Yes, but what is the application tomorrow?
38 (Pause) Just tell me in two or three words what the
39 application is. I am not asking you to argue it now.
41 MR. MORRIS: We are saying that the court does have discretion
42 to ensure that we are provided with transcripts.
44 MR. JUSTICE BELL: But why do I have to deal with that tomorrow
45 rather than, say, next Tuesday?
47 MR. MORRIS: Because tomorrow is the first time when we are not
48 going to have transcripts. We have transcripts from
49 yesterday today, but today's transcript we are not going to
50 have tomorrow. Therefore, our position is that the trial
51 would become impossible for us as from the first moment
52 when we do not get transcripts. Therefore, we are making
53 the strongest possible application tomorrow, with as much
54 legal research as we can possibly do, so that we have as
55 many of the authorities which can help you make a decision
56 on the subject. That is the situation as from tomorrow.
58 MR. JUSTICE BELL: No. You say you are making the application
59 tomorrow. You will only make it tomorrow if I allow you to
60 make it tomorrow.