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Aviation History
1921
1921 - 0863.PDF
DECEMBER 29' 1921 THE ROYAL AIR. FORCE London Gazette, December 13 Medical ServiceGroup Capt. D. Munro, C.I.E., M.B., F.R.C.S.(E), to be Air-Commodore ; November 26. Nursing ServiceMiss Constance Abiga] Marr is confirmed in her appointment as Staff Nurse ; May 23. Memoranda Lieut, (actg. Capt.) J. P. P. L. Biggs, M.B.E., relinquishes his temp, commn.on ceasing to be employed and is granted rank of Major; December 1. Permission granted to Sec. Lieut. E. Young to retain his rank is withdrawnon his joining the Army. London Gazette, December 16General Duties Branch Flying Officer R. A. W. Powell is cashiered by sentence of General Court-Martial ; Oct. 18. Memoranda Lieut. J. A. H. Savage to be actg. Capt. (from Feb. 14, 1919, to April 30, 1919). One Cadet is granted an honorary commn. as Sec. Lieut., with effect from the date of demobilisation (since granted short service commn.). — London Gazette, December 20General Duties Branch The following are granted short service commns. as Flying Offrs., witheffect from and with seniority of the dates indicated :—B. A. Davy ; Decem- ber 13. G. F. Mackay, G. G. H. Du Boulay ; December 12. J. Marsden ;December 7. S. G. Williams ; December 9. Flying Offr. W. Catchpole, A.F.C., is placed on half-pav, Scale B, fromNovember 14 to December 2 inclusive. Flight-Lieut. H.~G. Hutchinson, M.B.E., resigns his permanent commn. ; December 21. Flying Offr. J. V.Gascoyne,-J3.F.C, resigns his permanent commn., and is permitted to retain rank of Lieut, j October 25. Flight-Lieut. F. C. Lander, A.F.C., resigns hisshort service commn.; December r2. Flying Ofir. L. H. T. Sloan, A.F.C., relinquishes his short service commn. on account of physical unfitness forflying duties, and is granted rank of Major ; December 21. Flying Offr. W. K. Rose is placed on the retired list on account of ill-health contracted in theService, and is permitted to retain rank of Lieut. ; December 21. Medical Service The following Flight-Lieuts. are granted permanent commns., with effect from July 13, 1920, retaining their present substantive ranks and seinority. Gazettes July 13, 1920, appointing these officers to short service commns., are cancelled :—W. F. Wilson, M.C., M.B., P. A. Hall, M.B., B.A., H. B. Troup, E. G. O'Gorman, M.B., T. J. X. Canton. M.B. * ROYAL AIR FORCE INTELLIGENCE Appointments.—The following appointments in the R.A.F. are notified:— Squadron-Leader.—D. C. S. Evill, D.S.C., A.F.C., from R.A.F. Dep6t (Inland Area) to Headquarters, Coastal Area. 1.1.22. Flight-Lieutenants.—-M. B. Frew, D.S.O., M.C., A.F.C., from R.A.F. Cadet College (Flying Wing) (Cranwell) to No. 6 Squadron (Middle East Area). 8.12.21. R. S. Lucy, A.F.C., from No. 24 Squadron (Inland Area) to No. 30 Squadron (Middle East Area). 8.r2.2i. F. P. Don, from Headquarters (Inland Area) to No. 70 Squadron (Middle East Area). 8.12.21. C. F. Gordon, O.B.E., M.C., D.F.C., from Air Ministry (D.O.i) to Intelligence Centre, Hong Kong. 10.12.21, W. E. C. B. C. Forsyth, to Aircraft Depot, Egypt, (Middle East Area). On ceasing to be attached to R.A.F. Depot. 1.12.21. J. V. Read, M.B.E., from Inland Area Aircraft Dep6t (Inland Area) to R.A.F. Cadet College (Flying Wing) (Cranwell). 9.1.22. G. E. Wilson, from Central Flying School (Inland Area) to half-pay list. 28.11.21. -A. J. Elliott, from Instrument Design Establishment (Inland Area) to School of Photography (Inland Area). 16.1.22. H. A. Tweedie, O.B.E., A.F.C., from No. 7 Group Headquarters (Inland Area) to British Delegation (Air Section) Paris. 4.1.22. Flying Officers.—Q. F. Mackay, to R.A.F. Dep6t (Inland Area). (Super- numerary). On appointment to short service commn. 12.12.2r. B. A. Davy, to R.A.F. Depflt (Inland Area). (Supernumerary). On appointment to short service commn. 13.12.21. G. G. H. Du Boulay, to R.A.F. Dcpdt (Inland Area). (Supernumerary). On appointment to short service commn. 12.12.21. -Vi*-;£,.•,.•. LEGAL INTELLIGENCE Ruffy Arnell and Baumann Aviation Co., Ltd., v. The King MR. JUSTICE MCCARDIE, in the King's Bench Division on December 20, in his considered judgment of the action by peti- tion of right brought by the plaintiff company against the Crown to recover damages for alleged breach of contract in closing down their school at Acton for the elementary training of flying officers in the Royal Air Force, found for the plaintiffs on their claim, awarding £250 damages and half their taxed costs, and for the Crown on the counter-claim for £1,227. The case put forward for the plaintiffs was that a contractdated in August, 1916, was entered into between them and the War Office, whereby they should convert their aerodrome atActon into a school for the elementary training of flying officers, and so use it " for the duration of the War." Theyspent many thousands of pounds in procuring land, making a flying ground, building hangars, and providing machines,and at certain periods they had as many as fifty pupils. On June 22, 1918, the Air Council gave notice to determinethe contract as and from July 1, 1918, and they removed the hangars and left the machines in the open. Mr. Upjohn stated that apparently the reason for the notice was that the Air Council had changed their method of instruc- tion, substituting for elementary training with various machines training with war machines. The defendants claimed power to terminate the contract at the date mentioned ; that the school was used to its full capacity up to that date ; and that proper payment was made. They also pleaded that the instruction given was inadequate, and given by inefficient instructors, and that the plaintiffs' machines were obsolete. Counsel proposed to call evidence to show that the officers were as efficient as those at any similar training school in the country, that the closing down involved the plaintiffs in heavy loss, and that no complaints were made prior to the notice to close down being given. Mr. Justice McCardie, giving his judgment and dealing with the general claim, said the suppliants in 1917 enlarged their school at great expense, and the War Office increased the num- ber of pupils sent there. Again and again suppliants asked for more pupils, and the War Office did increase the numbers, and, in 1918, they also increased the grant per pupil from £100 to £135, which, with the original bonus, made a total of £160 for every pupil passed as qualified. In the early part of 1918the Air Council took over the control of aviation from the War Office, and in June of that year they wrote to the suppliantsthat in consequence of changes which had taken, place in training requirements for the Royal Air Force, it had beendecided to terminate existing agreements, and they gave sup- pliants five days' notice to terminate the agreement with them.The Air Council wrongly believed the contract contained a clause giving tHem power to terminate the agreement any'time.There was such a clause in contracts with other aviation schools, but in this particular case the contract was for theduration of the War. No further pupils were sent after the notice had been given,and in that, observed his lordship, the Crown committed a breach of contract. He therefore held suppliants were en-titled to damages for breach of contract, but their claim had been grossly exaggerated—£40,000 per annum for the dura-tion of the War. The parties contemplated as the duration of the War the substantial continuance of hostilities, but he heldthat the proper and just date at which substantial hostilities ended was December 14, 1918, at which time the military powerof Germany had been broken. He estimated that out of the £160 suppliants received per pupil their profit was £30 each on120 pupils. That was the utmost they could claim. But that was subject to the Crown's contention that they were justifiedin not sending more pupils because of the inefficiency of the school He could not award damages to suppliants for actual loss ofpupils from June 30, 1918, to December 14, 1918, but on the general question of damages they were entitled to a nominalsum for the sudden termination of the contract without adequate notice. He could not overlook the fact that addi-tional pupils were sent after January, 1918, and that the amount paid per pupil was increased. That illustrated theregrettable isolation of one department of the Ministry from another, and the lack of co-operative organisation betweenthem. He fixed the sum for general charges to be awarded the suppliants at £250, and directed that their costs shouldbe taxed and that the Crown should pay half those costs. There would be judgment for the suppliants on the petitionfor £250, and the costs as stated, and for the Crown on their counter-claim for £1,227 for goods suphed to the suppliants, bythe Ministry of Munitions „ - ,./ : 863
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