Day 217 - 09 02 96 - Page 37

 
 

                                                                  DAY 217
 
 
 
 
 
     1   MR. JUSTICE BELL:  Have you fitted anyone in for next week?
     2
     3   MR. MORRIS:  The situation is that Mr. Brett, who has been
     4        unwell for most of the last six weeks, I did speak to him,
     5        and he is back at work, but he cannot come in the next few
     6        weeks, and I have provisionally booked him in for
     7        8th March, when there is what we might call a window after
     8        the Plaintiffs' environmental witnesses.
     9
    10   MR. JUSTICE BELL:  What about Mr. Logan?
    11
    12   MR. MORRIS:  Mr. Logan also could not do next Monday, Tuesday or
    13        Wednesday.  I did not phone Danny Olive, because I thought
    14        it is probably better to finish off Mike Logan before
    15        Mr. Olive comes.  In fact, I have not spoken to Mr. Olive
    16        at all since he wrote those things for us.  But that is a
    17        possibility, if you felt that was helpful.
    18
    19        The other thing we ought to say is that we are definitely
    20        planning an appeal on the nutrition meaning ruling, and we
    21        have been informed that the deadline is Monday.  Then after
    22        Monday we have certain things to do immediately after
    23        serving the notice of appeal, such as prepare documents and
    24        other arguments, or whatever; and, in the light of
    25        that -----
    26
    27   MR. JUSTICE BELL:  What I will say, if you assure me that you
    28        are actually going to serve a notice of appeal within
    29        time ---
    30
    31   MR. MORRIS:  On Monday.
    32
    33   MR. JUSTICE BELL:  Yes.  Have you anything to say, Mr. Rampton,
    34        about Monday, Tuesday and Wednesday?
    35
    36   MR. MORRIS:  Can I just say that Mrs. Hovi, if there was nothing
    37        else scheduled for those three days, she would prefer
    38        Tuesday to come in, which would give us Monday to get our
    39        appeal sorted out.
    40
    41   MR. JUSTICE BELL:  Do you want to say anything about that,
    42        Mr. Rampton?
    43
    44   MR. RAMPTON:  No, except Mrs. Brinley-Codd is suggesting to me
    45        that the notice of appeal is going to be out of time on
    46        Monday -- not that I think anything turns on that.
    47
    48   MS. STEEL:  I went to the Court of Appeal office yesterday.
    49        I picked up the forms this morning, and there is a note on
    50        the top which they say that it has to be in by Monday at 
    51        four o'clock. 
    52 
    53   MR. JUSTICE BELL:  Very well.  For your information, when the
    54        possibility of you appealing arose, I wrote a letter to the
    55        Registrar of the Court of Appeal, explaining why I thought
    56        it was important, if you did serve a notice of appeal, that
    57        the appeal be heard as soon as possible.
    58
    59   MS. STEEL:   Right.
    60
 
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