Stewart v. Duncan [1921] ScotLR 325 (08 March 1921)

Stewart v. Duncan [1921] ScotLR 325 (08 March 1921)

The disclosure of the defender's insurance was not deliberately elicited for an improper purpose and was relevant to credibility; therefore, it did not constitute sufficient grounds to set aside the verdict.

Citation
[1921] ScotLR 325
Parties
Pursuer: Alexander Stewart; Defender: Thomas Duncan
Jurisdiction
Scotland
Judgment Date
08 March 1921
Procedural Posture
Damages Action / Motion for New Trial After Jury Verdict
Outcome
motion for new trial refused
Legal Topics
Admissibility of Evidence, Insurance Disclosure, Jury Prejudice, Motion for New Trial
Tort Civil Procedure Admissibility of Evidence Insurance Disclosure Jury Prejudice Motion for New Trial

Case Brief

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Parties

Alexander Stewart

Pursuer

Thomas Duncan

Defender

Procedural Posture

Damages Action / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether disclosure of defender's insurance to jury was improper and prejudicial
  2. 2 Whether such disclosure warranted setting aside the verdict

Ratio Decidendi

The disclosure of the defender's insurance was not deliberately elicited for an improper purpose and was relevant to credibility; therefore, it did not constitute sufficient grounds to set aside the verdict.

Court Disposition

motion for new trial refused

Orders

  • verdict for pursuer stands