Leeds Mercury – Thursday 01 September 1927
Action Against Colliery.
Miners May Be Thrown Out Of Work At Denaby Main.
In the Vacation CoUrt yesterday Mr Justice Clauson heard motion of Lord Cromwell for an injunction to restrain the defendants, the Denaby Cadeby Main Collieries Ltd., from working certain pits contrary to their covenant.
For Lord Cromwell counsel said was the lessor and the Colliery Company were the lessees.
Mr Richmond, for the Colliery Company, contended that the motion was misconceived because Lord Cromwell had had notice of the alleged breach for a year and it could not come before the Vacation Court a matter of urgency. He was prepared to go before the Railway and Canal Commission and ask for relief from tne restriction covenants.
Mr. Justice Clauson: What possible right have you to go on committing breaches the covenant?
Counsel said He was not prepared to admit that there had been breaches, he had had no time to answer the evidence.
The Judge: Are you seriously instructed that there has been no breach?
Counsel: No but should like the matter to back generally till I can apply to the Coal and Canal Commission and I will undertake to do so.
Mr. Justice Causon said he would grant the injunction asked for till the trial of the action or until further order.
Mr. Richmond said the effect of the order would be to cause great many men to unemployed.