A long-running legal case which has cost millions of dollars and employed dozens of lawyers may have to start again from scratch because the trial judge is to be axed in November.

Justice Denis Mitchell, who heads the Thyssen case in which a father and son are battling over billions of dollars, is not having his contract renewed.

Mr. Mitchell refused to comment about the matter yesterday after announcing his impending departure in court the day before.

The Royal Gazette understands that Mr. Mitchell wanted to be paid a daily rate to complete the trial when his three-year contract ended on November 30.

But one senior lawyer on the trial expressed fears the trial would not be over by that date and that another judge would then have to sit in -- and start all over again.

He said: "This trial produces 600 pages of transcripts a week. There have been 105 days of this trial -- a new judge would have a job to digest all that. There are three parties represented by 30 lawyers but how much help has the judge got? "A lot of people have put a lot of effort into this. Clients did not think it was a possibility that come November 30 we might have to start again.'' Millionaire Baron Thyssen is suing his eldest son Georg Heinrich Thyssen-Bornemisza for a fortune worth an estimated $2.7 billion.

The father is claiming the trust and his son owe him $232 million in arrears with inflation and wants to wrest control of the empire.

Lawyers involved in the case, which has cost an estimated $90 million in legal fees since it started in October 1999, expressed shock at the news that the judge was leaving.

Michael Crystal, who is on the Baron's team, said in court on Wednesday after Mr. Mitchell had said he would be leaving: "My lord, this is highly unwelcome and regrettable news.

"As the authorities in Bermuda must be aware, the parties have invested millions of dollars, including outfitting a special court, and years of preparation in the case.

"The Governor's decision that he does not intend to offer your lordship employment beyond the end of November 2001 with the consequence that your lordship would not be able to continue to try this case thereafter, appears, with respect, to be impossible to justify and irrational.

Trial may have to re-start "The question of whether your lordship will, in fact be able to continue to try this case in Bermuda after the end of November 2001 will have to be pursued elsewhere.'' Alan Boyle QC, who is on the son's team said: "I wish to state on behalf of my client that we deeply regret the announcement which your lordship has made.'' Lawyer Tom Leech, who is representing co-defendants Favorita Holding Ltd, Thybo Trustees Ltd and Tornabuoni Ltd, said: "My instructions are that, subject to your lordship, the trial should continue in the normal way, at least until my clients have had an opportunity to consider what your lordship said earlier and to consider the implications of it.'' The trial was adjourned on Wednesday after Mr. Mitchell said he would have to consider whether to continue with the case.

In court yesterday he said he would continue with it if all the parties wished him to. The case has been adjourned until Tuesday morning for their response.

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