Day 126 - 17 May 95 - Page 02

     
     1                                      Wednesday, 17th May 1995.
     2
     3   MS. STEEL:  We are making an application on behalf of Mr. Morris
     4        for a five weeks adjournment.
     5
     6   MR. JUSTICE BELL:  Mr. Stiles has given me some information, but
     7        I think you had better start on the basis that I really
     8        know nothing at all.
     9
    10   MS. STEEL:  His son has fractured his leg.
    11
    12   MR. JUSTICE BELL:  He is six years old.
    13
    14   MS. STEEL:   That is right.  He has a top to toe splint and is
    15        unable to walk.  He is not allowed to put any pressure at
    16        all on the leg which, effectively, means he has to stay at
    17        home and be carried around from room to room as necessary.
    18        Obviously, that means that Mr. Morris has to be at home to
    19        look after him.  There is a letter from the hospital to
    20        confirm that, if you want to see it.
    21
    22   MR. JUSTICE BELL:  Has Mr. Rampton seen it?  Show it to
    23        Mr. Rampton first.
    24
    25   MS. STEEL:   The plaster would be staying on for five weeks, it
    26        has been estimated by the hospital.
    27
    28   MR. RAMPTON:  It is more legible than some doctors' writing.
    29
    30   MR. JUSTICE BELL:  Yes.  What is Mr. Morris suggesting?
    31
    32   MS. STEEL:  He is asking for a five week adjournment.  We have
    33        looked up the relevant part in the White Book and I can
    34        read it to you.
    35
    36   MR. JUSTICE BELL:  Yes, give me the reference.
    37
    38   MS. STEEL:  It is page 616, Order 35, r.3, Adjournment of Trial:
    39          "The Judge" -----
    40
    MR. JUSTICE BELL:  "The Judge may, if he thinks it expedient in
    42        the interest of justice, adjourn a trial for such time, and
    43        to such place, and upon such terms, if any, as he thinks
    44        fit".
    45
    46   MS. STEEL:  Yes.  Under 35.3.1:   "Inherent power to adjourn -
    47        As to the inherent power of the Court to adjourn the
    48        hearing of any matter in order to do justice between the
    49        parties, see Hinckley and South Leicestershire PBS v.
    50        Freeman (1941)."  It is that chapter. 
    51 
    52   MR. JUSTICE BELL:  I will just read the rest of the note.  I do 
    53        not think there will be anything there which surprises me
    54        but I will read it.
    55
    56   MS. STEEL:  The important part is the fifth paragraph:  "The
    57        power of the Court to grant an adjournment should make
    58        allowances for domestic misfortune and therefore where the
    59        defendant's wife broke her leg, and the defendant had
    60        therefore to stay home to look after the family, the