Torbay Pool objectors to get High Court hearing
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WHILE the renewed hearing of an application by 19 p.s.v. operators to form the new Yorkshire-Torbay Pool (to operate express services between Keighley and Cheltenham and Paignton, with feeder links from Leeds and Halifax) was in its second day at Leeds, on Tuesday, the objectors made application to the High Court in London for leave to apply for an order of prohibition. The ex pane application was made by Mr. Richard Yorke.
Mr. Yorke told Lord Chief Justice Parker, sitting with Mr. Justice Sachs and Mr. Justice Widgery that the objectors sought to compel the Yorkshire Traffic Commissioners to disclose particulars supplied to the traffic court by the applicants for the respective express licences. The objectors felt that grant could put them out of business.
Leave to apply for an order of prohibition was granted, but Lord Parker added: "If the applicants for licences are anxious to go on and get a final conclusion, they can always disclose these documents without prejudice."
The decision to make application to the High Court was taken during an adjournment in the Leeds hearing. The objectors had asked that they should be given specific particulars of the pooling agreement, especially in relation to financial interest. The chairman of the Yorkshire Traffic Commissioners, Mr. H. E. Robson, questioned whether such an agreement and the particulars therein needed to be shown to the objectors. Mr. Jackson-Lipkin, for the road objectors, urged that it did (probably because one interest of the objectors was whether hirings from outside operators might be needed).
The applicants, through Mr. F. D. Walker, had refused to give particulars of agreements to the counsel for the objectors.
Following this week's High Court decision the position is that the Yorkshire Commissioners can continue with the case but cannot give a decision. Alternatively, if the Pool applicants agree to disclose details of the necessary documents to the objectors, the Commissioners can give a decision, without prejudice to the High Court hearing (which may be in May).
The original application last December (COMMERCIAL MOTOR. December 17) was halted after only four hours when Mr. Robson ruled, for the objectors, that the applicants did not constitute a legal partnership.
The renewed application has been made by the Yorkshire-Torbay Pool Partners, composed of the Yorkshire Services Pool* and Associated Motorwayst.
The objectors are Hansons Buses Ltd., Heaps Tours Ltd., C. G. Littlewood Ltd., Ellen Smith (Tours) Ltd., and BR.
On Monday Mr. Jackson-Lipkin repeatedly urged that there should be a joint sitting of the Yorkshire and Western Traffic Commissioners so that the objectors need not go through the backing procedure and then a further hearing in the Western court. The expense was crippling under the usual arrangements, they had asked for a joint sitting months before, and already one objector had withdrawn because of the expense involved. He was supported throughout in this stand by Mr. A. J. F. Wrottesley, for British Railways.
Mr. Robson replied that he had been in touch with the Western Traffic Commissioners and it had been agreed that the normal procedure of Yorkshire application, intermediate area backing and then final hearing in the Western area should proceed if necessary.
The case has continued in Leeds during the week and was expected to include consideration of the individual problems in the West Riding whereby prospective passengers to the South and West of England have to make a long journey over the Pennines to pick up Yelloway's daily Rochdale-Cheltenham service.
*East Midland, East Yorkshire, West Yorkshire, Yorkshire Traction, Yorkshire W °alien, Yell oway, Hebble, Wallace Arnold and I. W. Kitchin.
Black and White. Midland Red, Red and White, Bristol, United Counties. We-stern National, Southern National, Eastern Counties, Lincolnshire, and Crosyille.
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