HC Deb 06 February 1940 vol 357 cc13-4
26. Mr. T. Williams

asked the Secretary of State for War whether his attention has been called to the hearing of John Darby and others versus the Army Council, at the Rugby County Court on 14th December; and whether the cases referred to have been settled out of court and on what terms?

Sir V. Warrender

The cases were adjourned for hearing on 8th February. I understand that one of the three plaintiffs has withdrawn his application.

Mr. Williams

Can the hon. Gentleman explain why the Treasury Solicitor pleaded that because the facilities afforded to officers are not clear and specific, the Government could not accept any responsibility for what the officers did, and does he think that that is the way the War Office ought to conduct their business?

Sir V. Warrender

The case has still to be heard and I would rather not make any comment.

Mr. Williams

Is the hon. Gentleman aware of the remark that was passed by the judge who was called upon to deal with this case? If not, will he examine the transcript of the notes of the proceedings?

Sir V. Warrender

I am aware of that remark, but I am hardly in the same position as the judge.

Brigadier-General Sir Ernest Makins

Is my hon. Friend aware that the judge stated that the War Office were highhanded and acted illegally?