Day 202 - 11 Jan 96 - Page 02
1 Thursday, 11th January, 1996
2
3 MR. JUSTICE BELL: Yes, Mr. Morris, were you going to say
4 something?
5
6 MR. MORRIS: I was just trying to find -- we have a list of
7 legal matters which are kind of outstanding, and some of
8 them are fairly urgent. It may not be appropriate to
9 discuss them now, but I was hoping to at least hand up a
10 list.
11
12 MR. JUSTICE BELL: It would be helpful if you could hand up a
13 list, yes. You need not do it this very moment, but just
14 so that I can look at it overnight, perhaps.
15
16 MR. MORRIS: OK, then.
17
18 MR. JUSTICE BELL: There is one thing I want to say. It has
19 nothing to do with the witnesses we are about to hear. No
20 one need remain standing. It is this, that as this trial
21 has proceeded, I have made a number of rulings on matters,
22 some of which may be fundamental to issues in the case.
23 For instance, on occasions, I have granted leave or refused
24 leave to amend pleadings, which has had the result that
25 particular matters have either become part of the case have
26 or been kept from being part of the case. In particular,
27 I gave a ruling on the actual meaning of certain of the
28 words complained of in the leaflet which is the subject of
29 this case and whether those words and that meaning were
30 defamatory of the Plaintiffs, that ruling being given on
31 20th November last year.
32
33 As the result of a call from a solicitor on Tuesday (who
34 knows that I am going to mention this in open court),
35 I understand that the Defendants may be contemplating an
36 appeal against that ruling which was made under Order 33
37 r.3 of the Rules of the Supreme Court. Though I did not
38 say so in terms in the ruling, I think it was clear from
39 discussions which we had in open court beforehand that the
40 issue was raised under that order and rule and the ruling
41 was made under that order and rule.
42
43 It appears from the notes at 33/3/1 on page 590 of Volume 1
44 of the White Book that a decision made under Order 33 r.3
45 is to be treated as a final order; and, therefore, leave to
46 appeal is not required. If anything which I said to the
47 solicitor in question, Ms. Steel or Mr. Morris, may have
48 led her to believe that leave was required, then I retract
49 that now, because since my conversation I have checked in
50 the White Book.
51
52 By Order 59 r. 4, paragraph 1 of the Rules of the Supreme
53 Court: "Any notice of appeal must be served not later than
54 four weeks after the date on which the judgment or order
55 was sealed or otherwise perfected."
56
57 The understanding of the solicitor, when I spoke to her --
58 and I have no reason to doubt what she said to me -- is
59 that no order has been drawn up or sealed as a result of my
60 ruling on 20th November last year; and, if that is so, the
