Compensation : R.H.E. Not To Withdraw Agreement
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THE • Scottish Division of the Trans' port Arbitration Tribunal, in Edinburgh, on Monday, refused an application by the Road Haulage Executive for leave to withdraw entirely an application previously made for confirmation of a compensation agreement with Frank Smillie and Co.. Ltd.
The agreement, the Tribunal decided. should stand, except insofar as it related to compensation for cessation of business, under Section 47 (3) of the Transport Act 1947. A hearing to consider compensation will be fixed. The chairman, Mr. C. W. G. Guest, Q.C., said that the reason for the refusal of the application would be given later.
At a previous hearing, the Executive had presented an application to the Tribunal for confirmation of an agreement with the respondent as to compensation. The company raised no objection to confirmation. The Tribunal decided, however, that it was possible that the company was not aware that when the agreement was originally
A28 reached, a deduction had been made in respect of certain items, which, in another case, the Tribunal had held should not he made.
Smillie's then lodged an objection to confirmation of the agreement in respect of this particular item. The question was whether, in assessing compensation under Section 47 (3) of the 1947 Act, the reduction in respect of profits tax paid by the respondent during the years upon which the compensation was paid was based, should be made. At the time the cornpany considered the original agreement, the directors did not know of the Maggs case. in which this question was decided.
NO MORE TOURS APPLICATIONS
NO more tours applications could be heard before August, said the Scottish Deputy Licensing Authority, in Dundee, last week. He said that there had been five sittings in the city already this year.