I 13'
Page 32
If you've noticed an error in this article please click here to report it so we can fix it.
Copper-theft case settled f L:Vowdtur ine
in favour of Holden
• Judgment by consent was entered in the High Court on Thursday of last week in favour of James Holden Junior (Crumpsall) LtcL, transport contractor, of Bower Street, Newton Heath, Manchester, in the case in which it sued Lloyd's underwriters for £5,421 following the theft in London of a lorry load of copper being transported by the company from Manchester to Buckinghamshire.
The underwriters had contended that they could repudiate the claim because the theft took place while the lorry was left unattended and because the cab door key was missing in breach of the company's goods-in-transit policy.
Mr. Justice Donaldson had reserved judgment in the case after a four-day hearing in March. On Wednesday May 8 he granted an application by Mr. Robert Goff, QC, for the underwriters, for leave to call further evidence after, counsel said, a former employee of Holden had seen a report of the previous hearing in COMMERCIAL MOTOR.
The defence was also allowed to amend its pleaded case to allege, first, that in many cases protective devices fitted to the company's lorries were not operable because they were defective or because the key was missing and, second, that at a meeting four or five months before the theft no instructions were given not to leave lorries unattended.
The judge heard further evidence from three former employees of Holden. He also heard supplementary evidence given on behalf of Holden by Mr. James Snape, a lorry driver in its employ since 1952 and TGWU shop steward at the firm. Mr. Snape said that at a meeting attended by most of the night drivers in the winter of 1966 the decision was taken to wait half an hour at the London shunter's house and then to proceed to Caledonian Road depot if the man did not come out by that time. A notice to this effect was put on the notice board.
On arrival at the shunter's house the driver was not to leave his vehicle. Following the theft it was decided that all chageovers were to be at the depot.
Lorries on the night run formerly had steering column locking devices made by the firm's fitters. They had been taken off because keys were getting lost.
At the hearing on May 9 Mr. Goff told the judge that in the light of the evidence which had been given and which all had felt should be completed, certain instructions had been received from the underwriters and he was now asking the court to enter judgment by consent for the full amount, with costs.
Holden would also receive interest at seven per cent from January 16 1967 when they paid the owners £5,421 for the loss of the copper.
Mr. Justice Donaldson: "Very well. I am sure the parties have been well-advised."
Defendant in the action was Mr. Leslie Stanley Mackender, nominated Lloyd's underwriter whose proportion of the claim was £5 8s 1 ld.