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Austin Win Test Case on Agreements

26th July 1957, Page 42
26th July 1957
Page 42
Page 42, 26th July 1957 — Austin Win Test Case on Agreements
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Which of the following most accurately describes the problem?

INDIVIDUAL motor manufacturers do not have to register agreements between themselves and their dealers, distributors and retailers under the Restrictive Trade Practices Act, 1956. This decision was announced by Mr. Justice Upjohn in the Chancery Division, following a test case brought by the Austin Motor Co., Ltd.

He had been told by the company that they had 5,173 agreements in that category, whilst 12,778 affected the British Motor Corporation. Registering them all would have been a formidable task, they claimed. Their application for a declaration that such agreements were not registerable was opposed by Sir Harry Hylton-Foster, Q.C.. the SolicitorGeneral.

Giving judgment, Mr. Justice Upjohn said that previously Austin had entered into tripartite and even multipartite agreements with their agents. These were now to be replaced by bipartite agreements, fixing such matters as the dealer's commission or profit margin, the responsibility of after-sales service, and the extent to which a dealer should stock spare parts.

"1 WISH I COULD AWARD COSTS "—MR. NELSON

WHEN an applicant failed to appear at Bristol last week to put forward his case for the granting of 11 vehicles on B licence, Mr. S. W. Nelson, Western Licensing Authority, said he was sorry he was not able to award costs to the nine objectors, many of whom had attended the hearing.

Mr. A. W. Balne, representing British Railways and B.R.S. (Pickfords), Ltd., pointed out that the applicants. R. Blatehford and Co., Ltd.. Midsomer Norton, Somerset, were not a small concern but a company of some standing. This was the second time their application had been down for hearing. On the first occasion they had sought an adjournment, and now they had not had the courtesy to inform the Authority that they would not be appearing.

Blatchford's application was for vehicles to carry engineering, building and agricultural materials within a radius of 100 miles and to carry return loads from Peterborough, Shrewsbury and Nottingham, where they had defence contract work.

SAFE LOADING CAMPAIGN

-/-1, A CAMPAIGN calling for the safe

loading of lorries has been launched by Greenwich Road Safety Advisory Council. This follows a number of accidents in the borough because of insecure loads.

Police have been asked by the council to make sure that load regulations are enforced. "Is your load safe ? " posters have been sent to local businesses for distribution and display. and to bring home to all the danger of insecure loads.