SOLICITOR’S ERROR

Gisborne Herald, Volume LXVII, Issue 20184, 29 February 1940, Page 8

SOLICITOR’S ERROR

ORDER TO PAY COSTS TRIVIAL LAWSUIT LONDON, Dec. 21. A solicitor was ‘ ordered to contribute towards the costs of a libel action unsuccessfully brought against a newspaper at Birmingham Assizes last night. He was William Gough-Thomas, of Ellesmere, Shropshire, who had acted for Mrs. Violet Anne Bibby, of Lance Cottage, Bronington, Shropshire, against the Whitchurch Herald Ltd., of Whitchurch, Shropshire. Mr. Arthur Ward, for the newspaper, told Mr. Justice Lawrence that the libel claim had been abandoned. He said that the application for costs against the solicitor, was on the grounds that he should have known that the action had no foundation at all. It was purely frivolous and vexatious. Accurate Report The claim for damages arose out of a police court case, when it was stated that Mrs. Bibby had four children instead of three. It was quite clear that a witness made a mistake, and the report was fair and accurate. After tly judge had asked why at a later stage an apology could not have been given and the matter closed. Mr. Ward said:— “It frequently happens that when a newspaper wins an action it cannot get costs out of the people who brought it. “We felt this was a case in which we should invite your lordship to say ‘I am going to make the person who has been unreasonable pay the Finding thut on June 4 this year Gough-Thomas had intimated that Mrs. Bibbv was prepared to accept an apology, the judge said that up to that time he had unfortunately been unreasonable, and should pay the costs up to that date and the costs of the present application.