SMITH v. PEARL ASSURANCE COMPANY, LTD.

(1939) 63 Ll L Rep 1

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice Clauson and Lord Justice du Parcq.

Practice-Motor insurance-Arbitration- Stay of action-Personal injuries sustained by plaintiff while travelling as passenger in B's car-Judgment recovered against B by plaintiff proceeding under Poor Persons' Rules - Bankruptcy of B-Vesting of right of action against B's insurance company -Action brought against insurance company-Application by company for stay of action, having regard to arbitration clause in policy-Plea by plaintiff that if dispute went to arbitration he would be hampered by reason of his poverty in establishing his case, but that if the matter went before the Court he would have the benefit of the Poor Persons' Rules- Discretion of Court-Arbitration Act, 1934, Sect. 3 (4).