ACTION SETTLED

Evening Post, Issue 113, 10 November 1930, Page 11

ACTION SETTLED

NO REFUND OF JURY FEES

To-day was fixed for the hearing in the Supremo Court of a claim by Charles fiamgloam Clarke, waterside worker, against Ellerman, Bucknall and Co., Ltd., and another, for £1596 damages for alleged negligence, but the case did not come on for hearing, a settlement having been arranged late on Friday night. In these circumstances the question wag raised to-day whether the plaintiff was entitled to a refund of tho jury foes, amounting to £8. Mr. P. J. O'Began, counsel for Clarke, applied to Mr. Justice Heed for a refund.' Counsel said that the case, had been somewhat protracted because of interlocutory proceedings between the two defendants, but late on Friday' night a settlement had been arranged. Section 15 of tho Finance Act, 1926, required vthat tho Registrar should be notified of a settlement three clear days before the date fixed for hearing, otherwise the matter of allowing a refund slialLbe left to tho. Judge to decide. Clarke's ease was settled after office hours on Friday, and he had been unable- to inform, the Eegistrar until Saturday morning. Mr. Justice Beod said that Wcdnosday was the last day for giving notice. Even ifr Sunday were counted, notice should have been given on Thursday at the very latest. The country had been put to the . expense of £15, and, because a precedent might be created, he did not think he should grant the application. Tho application was refused.