Joint Appeal Fails
Page 19
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THE Transport Tribunal, in London last week, dismissed the appeal by Newberry Transport Ltd., Cumberland, and Henry Fearon, Carlisle.
Mr. G. D. Squibb, president, said: "The vehicles in these applications have at all material times been occupied in carrying paper for Smith Bros., Whitehaven. under an arrangement which purported to be a C-hiring agreement.
I said purported advisedly because the circumstances of these arrangements, which included payment of the owners of the vehicles at rates based on tonnage and mileage, gave rise to a grave suspicion that these are not true C-hiring agreements but are only colourable imitations of such agreements."
He said that the solicitor for the British Railways Board and British Road Services had declared before the Licensing Authority that it was not for him to question the illegality of the arrangements. A solicitor for a number of private objectors had also adopted this view.
Mr. Squibb continued: "In view of this we do not think it would be right at this late stage to investigate that matter fully. We shall assume for the purpose of this decision that there was a perfectly proper C-hiring agreement.
"We agree with the conclusion at which the Licensing Authority arrived and both these appeals are dismissed."