Auld v. Auld [1922] ScotLR 191 (01 March 1922)

Auld v. Auld [1922] ScotLR 191 (01 March 1922)

Given the unique and exceptional circumstances where the three key alibi witnesses have now signed statements admitting their prior evidence was untrue, and as the Lord Ordinary's decision was based on their testimony, justice requires that the pursuer be allowed to recall and re-examine these witnesses. The interests of justice in a status action outweigh the principle of finality in litigation.

Citation
[1922] ScotLR 191
Parties
Pursuer: David Allan Carlyle Auld; Defender: Mrs Christina Pow Crawford or Auld
Jurisdiction
Scotland
Judgment Date
01 March 1922
Procedural Posture
Divorce / Appeal on Minute of Res Noviter After Proof Closed
Outcome
Minute of res noviter allowed to be received; pursuer permitted to add averments and recall witnesses; defender allowed to answer within eight days.
Legal Topics
Divorce, Adultery, Alibi, Recall of Witnesses, Res Noviter, Perjury
Family Law Civil Procedure Divorce Adultery Alibi Recall of Witnesses Res Noviter Perjury

Case Brief

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Parties

David Allan Carlyle Auld

Pursuer

Mrs Christina Pow Crawford or Auld

Defender

Procedural Posture

Divorce / Appeal on Minute of Res Noviter After Proof Closed

Legal Issues

  1. 1 Whether the pursuer should be allowed to recall and re-examine witnesses after proof closed based on new evidence (res noviter) that their prior testimony was untrue.

Ratio Decidendi

Given the unique and exceptional circumstances where the three key alibi witnesses have now signed statements admitting their prior evidence was untrue, and as the Lord Ordinary's decision was based on their testimony, justice requires that the pursuer be allowed to recall and re-examine these witnesses. The interests of justice in a status action outweigh the principle of finality in litigation.

Court Disposition

Minute of res noviter allowed to be received; pursuer permitted to add averments and recall witnesses; defender allowed to answer within eight days.

Orders

  • Minute of res noviter received as condescendence.
  • Pursuer allowed to add averments to the record.