February 27th 1919

 Kings Bench Division

The Waterford Peerage Claim

A Solicitors Bill

Adams v. Torr

(Before Mr. Justice Avory)

In this case Mr. Francis Hamp Adams, solicitor, sued Mrs. Beatrice E. de Jersey Torr, of West Kensington, widow of a barrister who was at one time Recorder of Hastings, for the balance of a bill of costs for professional services. The services were rendered in relation to a claim to the title and estates of the Marquess of Waterford which was tried before Me. Justice Coleridge. The plaintiff also claimed on the grounds that the defendant had guaranteed the balance of the bill of costs of the claimant in that case, George Tooth, or Beresford, who was a market gardener.

Mr. Colam, K. C. and Mr. A Cairns appeared for the plaintiff; and Mr. Arthur Powell, K. C. and Mr. C. A. Bennett for the defendant.

Mr. Colam said that Mrs. Torr had taken a great interest in the case of the Waterford peerage claimant. She spent a good deal of time in getting up evidence, and she wrote a pamphlet in support of the claim. Eventually she advertised for a solicitor. Mr. Adams answered the advertisement for a solicitor, and Mrs. Torr told him all about the case, and asked him to undertake the work for her. Mr. Adams prepared a case for the opinion of counsel, but in consequence of the opinion which counsel gave he was not further instructed. On Mrs. Torr's instructions, however, the plaintiff prepared a brief which was laid before Sir Edward Marshall-Hall, K. C. who returned it. When the case came on before Mr. Justice Coleridge judgement was given against the claimant.

The question here was whether Mrs. Torr was responsible for the money which the plaintiff had spend on her personal instructions. He had received about £1,200 and his bill amounted to £1,665. The defence was that Mrs. Torr never retained Mr. Adams at all, and that he had acted all the time for the claimant.

The Plaintiff's evidence.

The plaintiff, in his evidence said that he never intended to debit anyone but Mrs. Torr. His bill included 600 guineas for preparing counsels briefs.

In cross-examination the witness said that he knew that up to January, 1918, all the money for expenses was being found by a Mrs. C who was the aunt of the claimant.

Mr. Powell submitted that the plaintiff had not shown any case. The defendant was only the conduit pipe through whom the money came from Mrs. C.

Mr. Justice Avory said that he would hear the defendants evidence.

Mrs. Torr, in her evidence, said that she read a newspaper paragraph about a man who was walking with a sandwich board in London saying that he was the real Marquess of Waterford; and she got into communication with the claimant, and had an interview with him.

Mrs. Torr referred to the claimant Tooth as 'Mr. Beresford,' and said that his name was no more Tooth than it was hers.

Mr. Justice Avory. - The House of Lords would not convince you that the claim was wrong?

Mrs. Torr - No! because I know three witnesses who were not called and who knew the whole story. I hoped that i should be persecuted for my pamphlet, as I thought perhaps the result would be to get a Mrs. --- into the box. But they preferred to let sleeping dogs lie.

After counsel had addressed the Court.

Mr. Justice Avory said that the plaintiff had failed to satisfy him that the relationship of client and solicitor existed between him and the defendant. It was clear that the advertisement in itself was sufficient to apprise the solicitor that he was embarking on a speculative business. Solicitors were not so rare or so disinclined to accept business that it was necessary to advertise when the business was of an ordinary character. Until the trial took place the plaintiff received instructions from the defendant Torr, who was the aunt of the claimant.

His Lordship considered the evidence of the claims on the guarantee and indemnity issues, and said that in the circumstances the claim of the plaintiff failed, and there must be judgement for the defendant, with cost.

Solicitors. - Mr. F. H. Adams: Messrs C. W. and S. E. Brown.

News of the World March 3rd 1915 

The Times November 13th 1917 

The Times 30th January 1918 

The Times 1st February 1918 

Times Editorial February 2nd 1918 

The Times February 2nd 1918 

The Times Law Report February 26th 1919 

The Times A Solicitors Bill February 27th 1919 

Ada Gertrude Hudgell 

George Tooth