The Gazette 1952-1955

been dismissed) direct to that second defendant an appro

priate Order where the causes o f action against the two

defendants and the two breaches o f statutory duty alleged

are in no way connected l

No,, said the Court o f Appeal (Lord Goddard

C .J., Birkett and Hodson L. JJ.) reversing Pearson J.

In an action against two defendants in respect of

injury suffered by the Plaintiff in an accident, in

cluding the loss o f a leg as a result of a fall of 70

feet, the claim against the second defendants, based

on an alleged breach o f statutory duty to provide

means to ensure his safety, while working on a roof,

under the Factories Acts, was dismissed on the

ground that the premises on which the accident

occurred were not yet a factory within the meaning

o f the Act, but the plaintiff was awarded damages

against the first Defendants for breach o f the Build

ing Regulations 1948. Pearson J. made a Bullock

Order for the costs o f the second defendants to be

paid direct to them by the first defendants. The

Court o f Appeal held however that the order for

costs must be set aside and that an Order be made for

the Plaintiff to pay the second defendants costs.

(Mulready

J. H. E. W. Bell Ltd., (1953)—

—2 All. E.R. 215).

Costs o f Trustees —Disbursements of

Counsel’s Fees.

If, in an action brought by beneficiaries under a will to

assert a personal pecuniary claim against the trustees,

it was ordered that the costs o f the defendant trustees

when taxed as between solicitor and client be paid and

retained by the defendants as trustees o f the w ill out o f the

estate o f the testator, and that disbursements consisting o f

counsel's fe e s amounting to

£437

are disallowed on tax

ation, can the trustees having raised the fu ll amount o f

their costs out o f the trust funds pay and retain out o f such

fund, all or any o f the

£437 ?

No, said Vaisey J. The trustees may not retain

the disallowed items amounting to £437 out of a

total claim o f £2,523. The trustees should account

and refund to the residuary estate the whole o f the

amount so paid and retained (£437) over and above

the taxed costs. (£2086).

Per Vaisey J :—My decision in Re Robertson

[(x

949

) 1 All E.R . 1042]—shows conclusively that if

any sum is disallowed from a solicitor and client

taxation on a trustee’s bill o f costs, and he desires

more, he must ask for it. He must not put the

disputed amount in his pocket and think he is

entitled to have it on some principle o f higher

equity, which I confess I fail to understand.

The

costs o f this application must be paid by the defen

dants personally as between party and party.

(In Re Dargie deceased: Miller

Thornton-

Jones—(1953) I.W.L.R. 991).

INDEX OF STATUTORY

INSTRUMENTS.

AGR ICULTURE, LANDS AND FISH ER IES

u bject

atter

and

eferen ce

umbers

Cheese Levy Revocation— 153/1953.

Cork District Milk Board—Election Day—242/1953.

Cork District Milk Board—Minimum Prices for Milk—

/I953- .

w . .

Creamery Proprietors and Butter Trades Levy to Minister for

Butter Stocks—85/1953, 86/1953, 87/1953.

Dublin District Milk Board—Minimum Prices for Milk

— I

953

Eggs—Temporary suspension o f regulations— 131/1953.

Feeding Stuffs—Emergency provisions revoked— 130/1953.

Foot and Mouth Disease—Importation o f Animals allowed

268/1953.

Home Grown Wheat—National Percentage for 1952/53—

Variation— 138/1953.

Home Grown Wheat—Purchase Percentage for 1952/53—

80/1953.

Home Grown Wheat—Purchase Percentage for 1953/54—

— 204/1953.

Home Grown Wheat—Storage and Drying Plant for 1953/54

—238/1953.

Levy on Cork District Milk Board amended— 137/1953-

Levy on Wholesale Creamery Butter—84/1953.

Milk and Dairies Regulations Amendment— 108/1953.

Poultry and Rabbit Exports Amendment—m /19 5 3.

Rabbits—Prohibition o f Storage between March and

September— 110/1953.

Shannon Fisheries (Closing o f Free Gap)—41/1953.

Shelfish—Exports prohibited save to G-B and NT.— 159/195

Tobacco Rehandlers (Charges) Regulations— 196/1953.

Turbary Rights (Revocation)—329/1952.

Wheat—257/1953.

Wheat Milling— 129/1953.

COMMODITIES, GOODS AND SERV ICES

u bject

atter

and

eferen ce

umbers

Butter (Maximum Prices)—88/1953.

Cheese and Condensed Milk (Maximum Prices Revocadon)

— I

Control o f Manufactures Regs. 1932 Amendment—77/1953.

Cocoa (Maximum Prices Revocation)— 193/1953-

Creamery Butter and Butter Boxes (Wholesale Prices)—

82/1953.

Emergency Powers (No. 117) Order 1941 relating to compul

sory sale of goods revoked—218/1953.

Emergency Powers (Conditional and Part-Lot Sales) Order

1944—Revocation—75/1953.

Footwear Repairs (Maximum Charges Display Revocation)

—62/1953.

Gas Fund Contribution—100/1953.

Gas Undertakers’ Dividends—274/1953.

Milk (Maximum Prices to Retailers)—-115/1953.

Milk Retail Price—Dublin Sale District— 114/1953, 140/1953.

Milk Retail Price—Cork Sale District— 141/1953.

Portland Cement (Standard o f Quality)— 165/1953.

Reconstituted Whole Milk Prices Revocation— 139/1953-

Roll Butter (Maximum Prices)—83/1953.

Scrap Lead (Maximum Prices) Revocation—78/1953.

Standard M ark O rder

:—Flush Wood Doors-—102/1953 ; Cast

Iron Rainwater Goods— 187/1953 ; Coal Tar Creosote for

Preservation o f Timber— 184/1953; Gold Size— 181/1953 ;

Hard Gloss Paints and Enamels—269/1953 ; Heavy