Re: Winter 2014/15 | Page 82

The power of prayer and first-class counsel Just 50 years ago and straight from local government I joined Mayo & Perkins, then a small firm with two other active partners and a staff of about eight. Since on that first day I had a clean desk, it was thought it should be burdened with the vast file of the largest civil litigation case to come to the firm for many years. Our client was a civil engineering company which, in the course of realigning and widening part of Hastings seafront, had used a rapid concrete-breaker to break up the surface of the old road. This rapid breaker worked by dropping a heavy weight under pressure to smash concrete but it was less than ideal equipment when there was a gas main just three feet under the surface. In the result, the main had been broken in several places, the gas percolating through the shingle beneath the road and into nearby basements and a spark from a refrigerator had caused a massive explosion. Several properties had been destroyed or damaged (even today there is a gap where one property was never rebuilt) and several 82 people had been severely injured. The claims against our client were massive and the insurance cover limited. We instructed as junior counsel Harry Woolf, later to become Baron Woolf and a renowned Lord Chief Justice. These were the very early days of Harry Woolf’s career so I rang his clerk to ask if the case was perhaps too heavy for him. “Mr Woolf has been running around Chambers all day with the biggest smile on his face” was the reply. As leading counsel, we instructed Tasker Watkins QC, VC. He had been awarded the Victoria Cross in the Normandy Campaign when, as a lieutenant under cover of darkness, he had singlehandedly engaged a German machine gun post and taken it out to ensure the safety of his unit. Tasker Watkins was later to become Deputy Chief Justice. This was my first experience of civil litigation and, such was the pressure of work and such was the responsibility, I had to sit throughout the High Court hearing on a doughnut shaped inflatable cushion to relieve the pain of my piles! But if ever the outcome of a case depended on the skills of counsel, this was it. The judge decided that the main liability lay with the gas company, which had made grave errors in preparing the plan showing the position of the gas main. Hastings Council had to bear some responsibility for agreeing the use of the concrete breaker and our client’s liability was so limited that all claims would be met within the limits of the insurance cover. I rang the managing director of our client company with the news that his company had been saved and I asked him why he had not appeared at any stage of the hearing but had relied entirely on his senior staff. He explained that he had spent much time at prayer and had received assurance that all would be well. I never heard from him again. Moral: Engage Brilliant Counsel and Praise the Lord. By John Boyle