Day 160 - 21 Jul 95 - Page 03
1
2 MR. MORRIS: We may have to make the application ourselves if he
3 has not completed his other case.
4
5 MR. JUSTICE BELL: You would not have to do it before
6 12 o'clock, would you?
7
8 MR. MORRIS: No.
9
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.
18
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.
26
27 MR. JUSTICE BELL: Yes. Is there anything you would like to
28 say, Mr. Rampton?
29
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.
38
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 -----
43
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.
56
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
