Day 147 - 04 Jul 95 - Page 06

     
     1        of practice, once the trial has started, should be in
     2        chambers rather than in open court?
     3
     4        I have freely referred to them as interlocutory matters.
     5        I suppose interlocutory matters are actually matters
     6        anywhere between the commencement of the action and the
     7        commencement of the trial, are they not?
     8
     9   MR. RAMPTON:  No, my Lord.
    10
    11   MR. JUSTICE BELL:  Otherwise one would just describe them as
    12        procedural.
    13
    14   MR. RAMPTON:  No, my Lord, they are not, with respect.
    15        Interlocutory matters are in general matters which are,
    16        yes, part of the proceedings, but interlocutory matters are
    17        matters which are decided, I would have said -- and I have
    18        not had any notice of this application and, therefore, as
    19        usual, Mr. Atkinson and I are taken by surprise.
    20
    MR. JUSTICE BELL:  I am quite happy to give you some time,
    22        because I can see that it has some potential importance.
    23
    24   MR. RAMPTON:  Yes, it does.
    25
    26   MR. JUSTICE BELL:  For instance, what I decide today may
    27        therefore be a precedent, one way or another, for similar
    28        situations in the future.  Although I am anxious to get on
    29        with the case, since we have, as it happens, the rest of
    30        today and tomorrow set aside for the argument, if you want
    31        some time to research, having, as it were, had no reason to
    32        foresee that the matter would be raised again this morning,
    33        certainly you shall have it.
    34
    35   MR. RAMPTON:  Of course I did not; as usual, it was kept until
    36        we were in court.  Can I just draw your attention -----
    37
    38   MS. STEEL:  Can I just object?  This was raised by Mr. Rampton
    39        last week.  He asked for the court to go into chambers.  We
    40        were given absolutely no notice.  It is not us who is
         keeping things up our sleeves; it is Mr. Rampton.
    42
    43   MR. RAMPTON:  Can I draw your attention, my Lord, first of all,
    44        to page 565 in part 1 of the White Book?  This is part of
    45        Order 32, and the note at 32/1-6/3:
    46
    47        "Interlocutory applications - normal procedure.  Both in
    48        the Ch.D and Q.B.D. interlocutory applications are normally
    49        by summons in Chambers.  The former practice in the Ch.D.
    50        of making such applications by motion has been much 
    51        restricted and should only be adopted in very special 
    52        cases." 
    53
    54        My Lord, I do not see anything special about this case.
    55
    56   MR. JUSTICE BELL:  What are interlocutory proceedings, though?
    57
    58   MR. RAMPTON:  Then I ask your Lordship to look at volume 2 of
    59        the White Book.  This fortifies what I was about to say.
    60        Sorry, my Lord, I am misleading your Lordship.  It is in