SPECIAL DAMAGES

Evening Post, Volume CX, Issue 137, 6 December 1930, Page 13

SPECIAL DAMAGES

PROTECTION OF HOSPITALS

CHIEF JUSTICE'S ENDORSEMENT /■"'.

. The pronouncement made recently by his. Honour Mr. Justice Reed with reference to the payment of hospital expenses by successful litigants is endorsed by the Chief Justice, Sir; Michael Myers.. -After having given'his decision yesterday afternoon in..a case in which a motor-cyclist claimed damages as a result of a collision, with a taxi, the Chief Justice said, tliat he was heartily : in accord with the course taken by Mr. Justice Reed in a recent case;. ■ "I.apprehend," added the Chief Justice, "that his Honour's observations were intended to apply only to cases where special damages were awarded, those., special damages' including...the amount .to be: paid to\ -the hospital authorities." - His Honour said he agreed .that the Court was justified in taking the precaution of protecting the hospital authorities. An amount for hospital ■' expenses was claimed ' upon the basis of ifc-having been paid. Mr. W.: E. Leicester, counsel for the plaintiff, said he always made a practice of seeing that the Hospital Board was paid. •■ In the case that was before . the Court £108 13s of the special damages awarded, the plaintiff were for hospital expenses,-'-land his1 Honour suggested that he should make an order by consent of. tiie parties for the payment of this amount. - ; ; ,]■" . , : Mi-. Leicester-said he was quite prepared to give an undertaking himself that the £IQB ..13s, would be forwarded to the-Hospital Board. \ ;■ His Honour, said.he did not wish to nlacp..c6unsel in;'a: position which would •iako him liable for the amount, l>nt tr. Leicester said'he had ho objee- : ion. " ' ■'■• ''■■■ '-■' ■■'- ■ ' - in:view of Hri Leicester's personal, ndeftakirig, his Honour refrained from naking an ordefj.. ,;■■■,.