MINUTE FOR DUFF & PHELPS LTD IN THE ACTION AT THE INSTANCE OF DAVID JOHN WHITEHOUSE [2022] ScotCS CSOH_16 (11 February 2022)

MINUTE FOR DUFF & PHELPS LTD IN THE ACTION AT THE INSTANCE OF DAVID JOHN WHITEHOUSE [2022] ScotCS CSOH_16 (11 February 2022)

In the unusual circumstances of this case—where the related proceedings are in the same court, arise from the same facts, involve closely connected parties and the same legal representatives, and the documents are already in their possession—the interests of justice require granting blanket authorisation for use of the documents, subject to statutory exclusions. A selective approach would be impractical, risk contempt, and likely result in unnecessary expense and delay.

Citation
[2022] ScotCS CSOH_16
Parties
Minuter: Duff & Phelps Limited; Pursuer and First Respondent: David John Whitehouse; First Defender and Second Respondent: Chief Constable, Police Scotland; Third Defender and Third Respondent: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
11 February 2022
Procedural Posture
Minute for Authorisation of Document Use in Related Proceedings / Interlocutory Application, Pre Proof
Outcome
Minute granted, subject to statutory exclusion
Legal Topics
Implied Undertaking Regarding Documents, Collateral Purpose Rule, Disclosure and Use of Documents, Malicious Prosecution, Misfeasance in Public Office
Civil Procedure Delict (tort) Criminal Law Implied Undertaking Regarding Documents Collateral Purpose Rule Disclosure and Use of Documents Malicious Prosecution Misfeasance in Public Office

Case Brief

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Parties

Duff & Phelps Limited

Minuter

David John Whitehouse

Pursuer and First Respondent

Chief Constable, Police Scotland

First Defender and Second Respondent

The Lord Advocate

Third Defender and Third Respondent

Procedural Posture

Minute for Authorisation of Document Use in Related Proceedings / Interlocutory Application, Pre Proof

Legal Issues

  1. 1 Whether the court should authorise the use of documents obtained in one action for use in related proceedings involving similar facts and parties
  2. 2 Whether a blanket or selective approach should be adopted for such authorisation
  3. 3 Whether providing a list of documents for selective authorisation would itself breach the implied undertaking

Ratio Decidendi

In the unusual circumstances of this case—where the related proceedings are in the same court, arise from the same facts, involve closely connected parties and the same legal representatives, and the documents are already in their possession—the interests of justice require granting blanket authorisation for use of the documents, subject to statutory exclusions. A selective approach would be impractical, risk contempt, and likely result in unnecessary expense and delay.

Court Disposition

Minute granted, subject to statutory exclusion

Orders

  • Authorisation granted for the provision and use of specified documents in the related proceedings by the minuter, subject to exclusion of documents covered by section 162 of the Criminal Justice and Licensing (Scotland) Act 2010.
  • Parties to agree terms of the statutory exclusion; if not, a further hearing will be fixed.