AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

Rail Hinders "Transfer" Case

13th November 1936
Page 76
Page 76, 13th November 1936 — Rail Hinders "Transfer" Case
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

ADVICE as to his liability under the Stamp Acts, in respect of agreements presented to him in the course of his duties, is being sought by Mr. W. Chamberlain, North-Western Licensing Authority. Is a licensing inquiry, which is generally conceded not to be a legal court in the sense of conferring privilege under the libel legislation, to be regarded as a judicial tribunal for matters requiring strict legal proof?

The question was raised in an acute form by Mr. P. Kershaw, counsel for the L.M.S. Railway Co., with reference to an agreement to purchase a business put in by Mr. F. Shuffiebottom, of Hilton Street, Manchester, as evidence for an extra vehicle: It had little to do with the case, because the application was not under Section 11 (3) (b), although -the business purchased had

required two vehicles. By merging the two, Mr. Shuffiebottom found that be could manage with one extra vehicle of 2 tons. An annual increase of business was shown at £247.

Mr. Kershaw suggested that the court could not recognize even a stamped agreement to purchase as evidence that the business had been bought and that the actual transfer must be shown by a legal document.

Mr. Howard Robinson, who represented the applicant, urged the point that the application was not for transfer, but for a renewal.

Replying to a further submission by Mr. Kershaw, the Licensing Authority said he would have means for knowing that the other business was not to be continued, but be Would take .legal advice and defer his decision as to the additional vehicle.


comments powered by Disqus