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ZIITS's attitude lisgraceful, says judge

28th July 1972, Page 27
28th July 1972
Page 27
Page 27, 28th July 1972 — ZIITS's attitude lisgraceful, says judge
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Which of the following most accurately describes the problem?

The attitude of the RTITB in briefing 11 representation only shortly before the [ring and failing to provide the necessary :uments was "disgraceful". This was said Judge L. Wilkes at Berwick-upon-Tweed unty Court this week when the Board's im for £103 arrears and costs in respect levy unpaid by M. and G. Johnston, of Lin St, Spinal, was due for hearing.

Mr C. Pettit, for the. Board, requested ournment on the grounds that he had y been instructed by telephone on July and had received no papers relating to claim or the defence filed.

Asking for dismissal of the claim, Mr T. Campbell Wardlaw, defending, said the sence was a novel one but the Board had

failed to carry out any or all of its functions in the district of Berwick-upon-Tweed and in. consequence the defendant could not be required to pay the money claimed.

Mr Campbell Wardlaw pointed out that the case was originally listed for hearing on April 25 and on April 21 the Board telephoned asking for adjournment to which consent was given. On this occasion the defendant and a number of witnesses were in court.

Judge Wilkes said he hesitated to dismiss the claim without hearing the plaintiff and would grant adjournment. The Board would, however, in any event have to pay the defendants costs on the highest scale. These costs have to be paid before the claim was restored to the list.


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