Day 127 - 23 May 95 - Page 04
1 limited periods?
2
3 In some ways it is a gracious offer but in other ways, as
4 Mr. Rampton said right at the start, it serves his clients'
5 interests because they want the case to continue without
6 any unnecessary break. He was very realistic about that.
7 It is not an offer of charity.
8
9 MR. MORRIS: No.
10
11 MR. JUSTICE BELL: It is just a suggested practical solution.
12 What is the difficulty about that?
13
14 MR. MORRIS: I am not sure if, in fact, that is the reason they
15 offered the money, because there has been recent examples
16 where they have sought for time off or adjournments for
17 various reasons. I am not criticising them for that, but
18 I think, effectively, what they want to do is keep the
19 pressure on us when circumstances mean that, you know, we
20 should not be in court, as in this case.
21
22 MR. JUSTICE BELL: So what is the difficulty? What is the
23 difficulty about that?
24
25 MR. MORRIS: The difficulty this week is that I am not happy at
26 this stage with leaving my son with anybody. I did say
27 this to Mrs. Brinley-Codd last week and to Mr. Stiles,
28 I was prepared to consider the offer made by the Plaintiffs
29 for after the scheduled half term break but, happily, now
30 that he can go to school, it seems, then if for some reason
31 the school said they were not happy with him, then I would
32 certainly be willing to reconsider the situation then, but
33 I am not able to leave him.
34
35 I mean, I have left with someone at the moment who I used
36 to live with and he is familiar with, and it is for a short
37 time, but I am not prepared to leave him for a full day,
38 and certainly not for four days in a row at this stage. I
39 do not think it is fair on him. I think he has lived in
40 the shadow of this case continuously, especially over the
41 last three years; he is only six years old.
42
43 MR. JUSTICE BELL: Yes, but I do not really think I can consider
44 that. These proceedings have been perfectly legitimately,
45 that is within our law, been brought. As I have said
46 before, I am not going to prejudge the merits until I have
47 heard all the evidence and argument, so one cannot tell
48 until the end of the day they are justified in the sense
49 the Plaintiffs have a good case or not. Although whenever
50 one is exercising one's discretion about something like an
51 adjournment, one hopes to take all relevant matters in
52 mind, it cannot be an answer as to whether the court can
53 sit or not, that one of the litigants is a single person
54 and has family responsibilities like looking after a child,
55 otherwise, for instance, before Charlie was of school age,
56 unless a place was found for him somewhere, we would not
57 have been able to even start the case.
58
59 MR. MORRIS: Yes. I think the circumstances are different now.
60 I mean, obviously, for a whole year I do not think we have
