Arbitration Tribunal Makes Rules
Page 27
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RULES for the conduct of the affairs IX of the Transport Arbitration Tribunal under the. Transport Act, 1947, have now been made. They are issued as the . Transport Arbitration Tribunal Rules, 1947, dated October 13, and have been published by the Stationery Office at 3d.
Several of the rules relate to proceedings for the determination of the value of railway and London Transport Securities under Section 17 of the Transport Act.
Rules 14 to 19 inclusive deal solely with proceedings not concerned with these securities, and the remaining rules are of a general nature.
Filing Application
Under Rule 14,a11 proceedings before the Tribunal for determining any question or dispute, or for obtaining the Tribunal's approval to any agreement, shall be started by filing at the Tribunal's office a signed originating application, naming as a respondent every party who appears to be directly interested in the subject. Where agreements are concerned the applicant shall, at the time of filing the originating application, also file at the office the agreement, with four copies of it, and serve a copy of the agreement upon the Minister;
An appendix to the rules shows the form in which an originating application should be made. Altogether six copies of it have to be left at the office, and, as soon as possible after_ filing it, the applicant must serve upon each respondent a copy of it, endorsed in terms prescribed in Rule 16.
The Tribunal has discretion to add to, or delete from lists of respondents.
Rule 18 requires that within 14 days of filing an originating application, the applicant shall serve upon each respondent 'a signed statement of the facts alleged by him and of such other matters as appear to be relevant. Six copies of this statement have to be delivered to the office and endorsed in terms prescribed by Rule 18.
Within 14 days of receiving the statement, each respondent may serve upon
the applicant a signed answer, stating which, if any, of the applicant's allegations are denied or are not admitted, and setting out any additional fact alleged by the respondent. Six copies of the answer are also required by the Tribunal.
Rule 19 (3) lays down: "Any fact alleged in the statement of an applicant, and not expressly denied or not admitted in an answer served by a respondent, shall as against such respondent be taken to be admitted, but without prejudice to the power of the Tribunal to require proof thereof."
One of the general rules (24) permits any party to proceedings before the Tribunal to apply for directions of an interlocutory nature. Such as application shall be heard and determined by the Clerk, or, in special circumstances, by the Tribunal or a member of it. Before making any such application, the party concerned shall take reasonable steps to obtain the consent of every other party. The Tribunal may also of its own motion give directions of an interlocutory nature.
Serving Notices Rule 27 explains in detail the procedure to be followed in serving notices and other documents. Other rules deal with procedure in eases where a respondent or other interested person cannot be found, with sittings of the Tribunal, and with the persons who may address the Tribunal, which consists of Mr. C. Montgomery White, K.C.' Mr. B. G. Catterns and Sir Russell Kettle. The office is at 39, Belgrave Square, S.W.1.
ROMAC PRICES
-TRADE and retail prices of the wide range of Romac products are given in the first post-war illustrated price list to be issued by Romac Industries, Ltd., The Hyde, Hendon, London, N.W.9. It covers 48 pages.
It is reported that S.M.T. Sales and Service has taken over D. Skinner, Ltd., Kirkcaldy, which was established 34 years ago and is a Vauxhall and Bedford dealer.
APPEAL AGAINST B LICENCE RESTRICTION FAILS
TRANSPORT of heavy machinery I and contractors' plant had diminished since the war, and there was less need for carrying building plant, said Mr. Gleason E. Roninson, chairman of the Appeal Tribunal, rejecting the appeal of Caudle, Ltd., South Yardley, Birmingham, against a restriction on a B licence.
The West Midland Deputy Licensing Authority, Dr. W. D. Sadler, had imposed a 50-mile radius limitation on four vehicles and five trailers.
The appeal hearing lasted three days and evidence from 21 witnesses was heard. Costs totalling 40 guineas were allowed against the appellants, to railway objectors and six haulage undertakings.
It was stated, for the appellant, that customers requiring the speciali7ed transport of the company for taking machinery all over the country had been seriously inconvenienced by the restriction. Work was mainly in connection with open-cast coal, road works, building and heavy machinery on low-loaders.
Mr. D. Karinel, for the responding road operators, said that evidence did not suggest a need for low-loaders, whilst it was unreasonable to think that prospective customers in Luton (70 miles away) would apply to Birmingham for transport. Coventry, Rugby, Wolverhampton, Stoke-on-Trent, Stafford and Leicester were all within the 50-mile radius.
THREE APPEALS SET DOWN
AFURTHER sitting of the Appeal Tribunal has been arranged to take place at Halifax House, Strand, London, W.C.2, on November 18-19. On the first day, City Haulage (Plymouth), Ltd., will appeal against a decision of the Western Licensing Authority, and John Keetch, Ltd., and five others will appeal against a grant by the East Midland Licensing Authority to Samuel Colton.
The second day's case will concern Arthur Rouse and the East Midland Deputy Licensing Authority,