BILL OF COSTS

New Zealand Herald, Volume LXXVII, Issue 23662, 22 May 1940, Page 12

BILL OF COSTS

CLIENT'S OBJECTION SOLICITOR ASSAULTED AWARD OF £159 DAMAGES A claim for damages arising nut of an assault in Vulcan La no on January 22 was brought by Cyril William Ernest Hough, barrister and solicitor, aged 36 (Mr Dickson), in the Supreme Court, yesterday. The defendant was Herbert Alfred .Jones, aged (12 (Mr. Honiv), and the case was heard l>v Mr. .Justice Johnston and a jury of tour. IMaintiff claimed that as a result of the assault he received severe .shock, cuts, bruises, abrasions and concussion of tlie brain. He was run lined to bed for two weeks and unable to give full attention to his business. He was still suffering from recurrent severe headaches. For his injuries he claimed £225 general damages and JL'o9 Is special damages. Summons for Costs Describing the assault.. Mr. Dickson said that Jones waited until Hough turned his back and then lie knocked him down. Mr. Dickson said that Hough had put through a number of legal transactions for Jones, some of them involving sums of £17,000 and £IO,OOO. Hough sent, in a bill for what he considered reasonable costs, and eventually had to issue a .summons in the Magistrate's Court to recover £l2O 6s. J list • before the assault Jones wanted him to withdraw the summons, but Hough refused.

When the claim for costs came on in the Magistrate's Court, Mr, Dickson continued, no allegation was made of over-charge, and the claim was ultilnately settled on the basis of payment of £llO by Jones. Assault Described

"As I. turned awav." said plaintiff, describing the assault, "he rushed at me. saving 'l'll fix you.' I got a hit across the back of the right ear. 1 was slightly dazed. He continued to punch me nil over the head, and as L was falling .1. got a kick on my spine." Witness said he got into bis car later, but was so dazed that he travelled about 80 miles before lie found his way home. He had not been able to sleep properly since the assault and he suffered severe and prolonged headaches. His business had been seriously injured. In cross-examination, witness admitted that the bill had not been sent to defendant in the ordinary way. "1 never touched him." he said. "I never called him a liar. There was no argument at all. He rushed at mc like a maniac." Mr. Henry cross-examined witness on the various items on his bill. ".\re you still prepared to have your bill of costs taxed?" he asked. "Certainly not." said witness. "The matter is finished." Two girls employed in a laundry in Vulcan Lane said they had seen Hough slide along the counter as he was being struck. Case for Defendant Mr. Henry said the assault was not denied and the jury would be concerned only with fixing the amount of damages. Whatever justification defendant pleaded was merely in mitigation of the damages claim.

Defendant, a farmer, stated that the actual trouble started when plaintiff called him a liar and pushed him out of the way. He struck Hough several times, but certainly did not kick him. It was an absolute lie that plaintiff was turned away when witness struck him. Plaintiff was never hurt at all Witness made objection to a number of items in his bill of costs. "Everyone who gets a solicitor's bill probably thinks he is netting charged too much," remarked His Honor in his summing up. "hut he is certainly not justified in assaulting his solicitor." After a brief retirement the jury assessed the general damages at £IOO. special damages of £SO Is having been agreed on. Judgment was entered accordingly.