JWilliamson v. The Advocate General For Scotland [2006] ScotCS CSOH_17 (03 February 2006)

JWilliamson v. The Advocate General For Scotland [2006] ScotCS CSOH_17 (03 February 2006)

The internal Unit Inquiry report was prepared after the accident on behalf of the defender and falls within the general rule against recovery of such documents. Documents relating to range procedures and supervisors' qualifications are recoverable as the pursuer provided a satisfactory, non-speculative basis for their relevance. Documents about the conduct and ambit of Unit Inquiries are not recoverable for the same reasons as the report itself.

Citation
[2006] ScotCS CSOH_17
Parties
Pursuer: John Williamson; Defender: The Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
03 February 2006
Procedural Posture
Personal Injury Damages Action / Motion for Commission and Diligence
Outcome
Motion granted in part and refused in part
Legal Topics
Discovery of Documents, Confidentiality of Inquiry Reports, Commission and Diligence, Chapter 43 Procedure
Civil Procedure Personal Injury Discovery of Documents Confidentiality of Inquiry Reports Commission and Diligence Chapter 43 Procedure

Case Brief

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Parties

John Williamson

Pursuer

The Advocate General for Scotland

Defender

Procedural Posture

Personal Injury Damages Action / Motion for Commission and Diligence

Legal Issues

  1. 1 Whether the internal Unit Inquiry report is recoverable under commission and diligence
  2. 2 Whether documents relating to range procedures and supervisors' qualifications are recoverable
  3. 3 Whether documents about the conduct and ambit of Unit Inquiries are recoverable

Ratio Decidendi

The internal Unit Inquiry report was prepared after the accident on behalf of the defender and falls within the general rule against recovery of such documents. Documents relating to range procedures and supervisors' qualifications are recoverable as the pursuer provided a satisfactory, non-speculative basis for their relevance. Documents about the conduct and ambit of Unit Inquiries are not recoverable for the same reasons as the report itself.

Court Disposition

Motion granted in part and refused in part

Orders

  • Commission and diligence granted for inspection and photographing of the pursuer's rifle (unopposed)
  • Commission and diligence granted in terms of calls 2 and 3 (documents on range procedures and supervisors' qualifications)