R.H.E. pays £1,000 to Fruit Broker
Page 35
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HOLDING that Young's Express 'Transport, a unit of the Road Haulage Executive, had promised to clear a consignment of pears through Customs and had 'failed' to .do so, Mr. Justice Jones awarded Robert Shearer, Ltd., Glasgow fruit broker, a sum of 1:999 4s., with costs, in the Queen's Bench Division, last week. • Because of the delay, the cargo lost the market, it was stated.
Messrs. Butcher and'Hall, acting for Robert Shearer, Ltd., had, it was alleged, communicated with Young's and asked for Customs clearance to be 'arranged for the cargo. The plaintilt relied on the evidence of Mr. Butcher, of Butcher and Halt, that this had been promised. • • Mr. Browning, of Young's, said that he had promised transport for the load, but not Customs clearance. However, it seemed to Mr. Justice Jones that a reference in the documents to making "necessary. entries" indicated that clearance had been requested. Mr. Browning had arranged for this to be done by the Anglo-Overseas Transpors Co., Ltd.
Young's had never arranged Customs clearance before, but Mr. Justice Jones stated that this was no reason why Mr. Butcher should not have asked for this to be done.
. COMPENSATION: T.A.T.
DIRECTION
PPLICATIONS to the Transport tA. Arbitration Tribunal for the confirmation of agreements on compensa
tion under Section 108 of the Transport Act, 1947, are the subject of Practice Direction No. 3, issued by the Tribunal and published by the Stationery Office at 2d.
The statement served by the applicant on the respondent must contains the grounds, expressed in the terms of subsection 2 or Section 108, on which confirmation is sought. This direction does not apply to Scottish proceedings.