Day 127 - 23 May 95 - Page 03
1 MR. JUSTICE BELL: I have the copy. Ms. Steel referred to it
2 last time.
3
4 MR. MORRIS: Yes. My understanding is that the case was
5 virtually identical in terms of domestic circumstances, to
6 all intents and purposes, although the application there
7 was for an adjournment for over a year.
8
9 MR. JUSTICE BELL: What happened, it was before the case started
10 ---
11
12 MR. MORRIS: Yes.
13
14 MR. JUSTICE BELL: -- when the parties were before Sir William
15 Staff on the short report it looks as if it was anticipated
16 that it would be over a year. I do not know what reasons
17 Sir William Staff gave, but when it was before the Court of
18 Appeal what they established (and I am prepared to accept
19 and would have accepted anyway even without the benefit of
20 that case) is that domestic misfortune of whatever kind
21 which make it essential that a party whose presence is
22 necessary in court remain at home is or may, at least, be a
23 good ground for adjournment.
24
25 The Court of Appeal exercising its discretion in the
26 circumstances of that case decided that an adjournment was
27 appropriate, but said that a Deputy Official Referee should
28 be looked for, presumably, to avoid a whole year's delay
29 and, things being what they are, I have little doubt that
30 one was summoned up as soon as the Plaintiffs' wife no
31 longer needed -- his children no longer needed his
32 attention.
33
34 I mean, the question in my mind, two questions in my mind,
35 at the moment, subject to anything you want to say, whether
36 it really is essential that you are at home to look after
37 Charlie at least all the time, and whether we cannot
38 continue in some way or other for the rest of this week so
39 as to dispose of Mrs. Barnes' evidence, because I am sure
40 everyone is anxious to press on with the trial and anxious
41 that witnesses should not be scheduled and then not called,
42 if it can possibly be avoided.
43
44 MR. MORRIS: I mean, there are two things. First of all, in my
45 opinion, it is essential that I stay with Charlie for this
46 week. I am teaching him how to use the frame and building
47 up his confidence, so that he will be able to go back to
48 school. Secondly, obviously, we want the case to progress
49 but I am not happy or prepared to delegate my
50 cross-examination to Ms. Steel. We think differently and
51 we cross-examine in different ways.
52
53 MR. JUSTICE BELL: But what about the offer Mr. Rampton made
54 last time? You have read the transcript?
55
56 MR. MORRIS: Yes.
57
58 MR. JUSTICE BELL: What about that offer to help out either for
59 a sustained period, which it now appears, happily, I am
60 very pleased to hear, will not be necessary, or just for
