An Unusual Challenge
Page 44
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—but circumstances were exceptional
CiN the face of it, the report carried 'kJ in last week's issue of The Commercial Motor entitled "Objectors' Representative Challenged ", would seem to indicate that the North Western acting deputy Licensing Authority, Mr. J. Gazdar, was accepting a submission made on behalf of an applicant that a barrister acting for the objectors should withdraw from the ease because he had previously represented the applicant in another application.
Of course, if this was so, it would place hauliers—applicants and objectors alike —and advocates who regularly practise in licensing courts, in an almost impossible position, particularly bearing in mind the now acute shortage of lawyers who are well versed in the intricacies of road transport law.
On reading the report of the ease I, for one, found myself wondering what could Mr. A. W. Babe be thinking about when he told Mr. Gazdar that Mr. J. Booth (for the objectors) had, on a previous occasion, conducted a case on behalf of the applicant, R. Walker (Haulage) Ltd., of Woodley—a fact which might place him (Mr. Booth) in an unusual position in objecting to the application.
It is with considerable relief, therefore, that I can report that there are some exceptional circumstances in the Walker ease that led the acting deputy Authority to agree to adjourn the application until later this month. Last August, Mr. Booth represented Walker in a series of successful applications in respect of a change of base (The Commercial Motor, August 17) when, apparently, some difficulties arose over the weight of a trailer involved in low-loader activities. Walker was requested to submit a list of all trailers, which it intended to use for low-loader work, to the Licensing Authority. It was with this application in the background that Mr. Gazdar, after some discussion with the representatives of both sides, adjourned last week's application. It was because of this, too, that Mr. Booth asked it to be placed on record that he had approached the Licensing Authority about his own position in the matter.
Of course, barristers and solicitors have to conform to a very strict code of ethics. Barristers, in particular, can act only on instructions contained in their briefs, and this is one of the reasons why a client usually can approach his counsel only through a solicitor. Solicitors are in a slightly different position because they usually represent the same client year in and year out.