A Question of Costs: Before Master Archibald yesterday, in the King’s Bench Division, a case was down for judgement under Order 14, for the return of £50 12s, balance of £54 12s paid by Mr. R. A. Pinsent for passage money for four berths on the S.S. Pretoria for the Naval Review Cruise on Jun 27, 1902, which cruise had to be cancelled owing the postponement of the review. The defendants, the Co-operative Cruising Company Limited, and Dr. Henry S. Lunn, had tendered £40 9s 7d, the amount dure under their booking conditions, which sum the plaintiff was willing to accept on condition that the costs of the write issued by him were paid by the defendants. The defendant company argued that having regard to their booking conditions the writ was prematurely issued, and that the costs should be borne by the plaintiff, as the defendant company and Dr. Lunn had used the greatest expedition in getting the accounts connected with this cruise. The master having heard the plaintiff’s counsel, Mr. E. M. Pollock, without calling upon counsel for the defendant, Mr. Montague Shearman, decided that the action was premature, and that the costs both of the writ and of the subsequent proceedings must be paid by the plaintiff. …
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0738 Devonport: Richard Alfred Pinsent: 1852 – 1948