L, Re

Computer-aided Transcript of the Stenograph Notes of Smith Bernal Reporting Limited 190 Fleet Street, London EC4A 2HD Telephone No: 0207-421 4040/0207-404 1400 Fax No: 0207-831 8838 (Official Shorthand Writers to the Court)

MR H SOUTHEY (instructed by Edwards Law) appeared on behalf of the applicant MS E GREY appeared on behalf of the respondent ____________________

MR SOUTHEY: My Lord, I rise to raise two matters. Firstly, I rise to ask for assessment for public funding purposes.

Secondly, my Lord, certainly as far as I am aware, the abuse type arguments have not been considered in the context of human rights, and although I put my argument in the way that I do in relation to human rights, and I do not resile from that, it still is a relevant factor. For both those reasons, my Lord, in my submission, this case does raise important points of principle.

MISS GREY: My Lord, I would respectfully submit that that is a matter which could be left to the Court of Appeal to see whether they agree or not. Your Lordship has reached clear conclusions, and again one is looking at disproportionate litigation in this case. We are now looking at the prospect of going to the Court of Appeal over a very small point. If there are cases which raise similar arguments, there may be more at stake, they can take their own chances. In my respectful submission, you should refuse leave to appeal.