Correspondence from Charles Harper [Waterhouse & Co., Solicitors for Constable & Co.]

to

Otto Kyllmann [Constable & Co., Publishers of Laughing Torso]

 

 

[Correspondence following Constable & Co.'s defence against the libel suit and appeal brought

by Aleister Crowley against Nina Hamnett and the publication of her book Laughing Torso.]

 

 

 

Waterhouse & Co.

Solicitors

10 & 12 Bishopsgate,

London, E.C.2.

 

 

15th January 1935

 

CROWLEY

 

My dear Kyllmann,

 

I am giving you as requested the figures for the legal charges and expenses involved in Crowley's action and appeal.

     

On 4th August 1934, after the trial but before Crowley's application to the Court of Appeal for a new trial, I wrote you on the figures as they stood at that date. There was then a balance owing to us of £155.11.8 and on the 7th August you sent me a cheque for that amount. In addition to that there were our own charges outstanding of £327.8.9.

     

So we begin afresh from that point except that as mentioned in my letter of the 14th August and again in my letter of the 9th August my firm would ask for their fuller charges if Crowley paid up. I am afraid however that this is not likely to happen.

     

To bring the matter up to date—I have now to give you the taxed costs of the application to the Court of Appeal and such charges and disbursements as were not allowed by the Taxing Master or have been incurred since, but which it was necessary for us to incur.

     

(There are two scales of charges allowed to solicitors, one, which is called the "party and party" scale which the Taxing Master allows as payable by the unsuccessful litigant, and the other, which is called the "solicitor and client" scale which the solicitor may charge against his own client. The extra items specified below consist of the difference between the two scales.)

     

The figures are:—

 

Our costs up to and including

the trial (our letter of 4th Aug. 1934.)

£327. 8. 9

 

The costs of the appeal taxed as between

party and party

206. 7. 1

 

Counsel's fees not so allowed

34.10. 0

 

Solicitor's charges not so allowed and also

various to date

52. 0. 0

 

Shorthand writer

7.15. 1

 

Payments to Miss Betty May and others

16.10. 0

£644.10.11

As against this have to be credited:—

 

 

Dec. 12, 1934. Cheque from you for

counsel's fees

172. 6. 6

 

Dec. 27, 1934. Payment out of Court

100. 0. 0

372. 4. 5

 

 

£372. 4. 5

 

I am afraid therefore that there is still owing to us this amount of £372. 4. 5 which I hope you will be recouped in part at any rate by what we get out of Crowley and royalties on Nina Hamnett's book or books.

     

We have to obtain an order to examine Crowley as to his means. This will be made, I hope, tomorrow when our summons comes before the Master. Thereafter the examination.

 

Yours sincerely,

 

Charles S. J. Harper

 

 

 

Otto Kyllmann, Esq.,

10 & 12, Orange Street,

Leicester Square, W.C.2.

 

 

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