LEAVE TO DEFEND

Evening Post, Volume CXXXIII, Issue 138, 13 June 1942, Page 6

LEAVE TO DEFEND

CLAIM IN RESPECT OF ARMY V CAR

Leave to defend has been granted by, Mr. A. M. Goulding, S.M., in 'a-re-served judgment given in the Magistrate's Court in the case in. which Albert Comfort, an accountant, is seeking damages from Lieutenant C. D. Velvin, as the result of; a motor accident involving a car driven by Velvin in the course of his military duties. Velvin's notice of intention to defend was filed late, and he applied for leave to defend, which the Magistrate has now granted. ■ During the hearing of the application counsel for Comfort (Mr. W. P. Rollings) criticised the Army Department, which he said was using laws .as a shelter against claims by the public for damage done by Army vehicles and was leaving the public to sue the individual soldier concerned. In his judgment the Magistrate said that the defendant might have a good defence on the merits, and indeed the defendant said he did have such a defence. The Magistrate thought the plaintiff himself anticipated that the Crown would not shelter the provisions of the Crown Suits Amendment Act, but in that he was mistaken. So also was the defendant, who seemed to have acted on the assumption that the Army would recognise responsibility for his actions. He acted in the usual way on receipt of the summons by forwarding it to the adjutant of his unit. It was not until May 18 that the Army authorities informed the defendant that they were taking no responsibility for his action, and it was then too late for the defendant to file notice of his intention to defend. Leave to defend would be granted. Mx*. W. P. Shorland appeared for Lieutenant Velvin in support of the application.