Day 160 - 21 Jul 95 - Page 03

     2   MR. MORRIS:  We may have to make the application ourselves if he
     3        has not completed his other case.
     5   MR. JUSTICE BELL:  You would not have to do it before
     6        12 o'clock, would you?
     8   MR. MORRIS:  No.
    10   MR. JUSTICE BELL:  What I have mind is, suppose you have done
    11        your administrative things, your procedural things, by
    12        something like 11 o'clock, and the barrister is not there
    13        until 12.00, you are marked not before 12.00 so there is no
    14        question of Lord Justice Kennedy calling on you to say
    15        anything, and we have actually got an hour -- I appreciate
    16        it is only an hour -- when we could be doing something
    17        here.
    19   MR. MORRIS:  Yes, the only thing is that if your premise is
    20        correct and the barrister cannot do it, we will have to do
    21        it, in which case we are going to have to prepare for that
    22        event to make the legal application ourselves.  To be
    23        honest, it has been completely frantic since yesterday, and
    24        we have not had a chance to prepare to do it ourselves if
    25        he cannot speak for us.
    27   MR. JUSTICE BELL:  Yes.  Is there anything you would like to
    28        say, Mr. Rampton?
    30   MR. RAMPTON:  My Lord, my concern is exactly the same as your
    31        Lordship's:  It is Mrs. Farrer and the people she is
    32        supposed to be helping this afternoon that concerns me.  I
    33        am not saying that the Defendants should continue
    34        cross-examining her now, though Mrs. Brinley-Codd has
    35        offered to give what administrative assistance she can so
    36        that we might be able to get an hour's cross-examination in
    37        before 12 o'clock.
    39        Since the Court of Appeal is sitting in Court 69, which is
    40        a mile and a half away the other side of the building, we
    41        would probably have to ask your Lordship to rise at about
    42        ten to so we can -----
    44   MR. JUSTICE BELL:  Yes, except if everything was running
    45        smoothly, we might have been able to avoid that because
    46        Mr. Dudley might have been able to make some arrangement
    47        with Lord Justice Kennedy's clerk that he would let us know
    48        when they are more or less ready to start, and then with
    49        ten minutes to go we could have broken this off.  But I do
    50        have some sympathy with what Mr. Morris says, if there is, 
    51        firstly, a real risk that he and Ms. Steel may have to 
    52        present their application themselves and, secondly, in any 
    53        event, if a Member of the Bar got there a bit early and
    54        might well want to talk to them and take further
    55        instructions.
    57   MR. RAMPTON:  I accept all of that.  The only other thing that
    58        troubles me is this, that the Court of Appeal has said, as
    59        it has always done in these emergency applications for
    60        leave, if it granted leave -- what chance of that one does

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