D. C. Thomson & Co., Ltd v. W. V. Bowater & Sons, Ltd [1918] ScotLR 293 (21 February 1918)

D. C. Thomson & Co., Ltd v. W. V. Bowater & Sons, Ltd [1918] ScotLR 293 (21 February 1918)

A reclaiming note is competent without leave against an interlocutor refusing diligence for recovery of documents, as such refusal imports a refusal of proof. The distinction is drawn between interlocutors granting diligence (requiring leave) and those refusing diligence (not requiring leave).

Citation
[1918] ScotLR 293
Parties
Pursuer/respondent: D. C. Thomson & Company, Limited; Defender/reclaimer: W. V. Bowater & Sons, Limited
Jurisdiction
Scotland
Judgment Date
21 February 1918
Procedural Posture
Civil / Reclaiming Note (appeal) Against Interlocutor on Diligence for Recovery of Documents
Outcome
Objection to competency of reclaiming note repelled; reclaiming note sustained as competent.
Legal Topics
Competency of Reclaiming Note, Diligence for Recovery of Documents, Refusal of Proof, Court of Session Act 1868
Civil Procedure Competency of Reclaiming Note Diligence for Recovery of Documents Refusal of Proof Court of Session Act 1868

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Parties

D. C. Thomson & Company, Limited

Pursuer/respondent

W. V. Bowater & Sons, Limited

Defender/reclaimer

Procedural Posture

Civil / Reclaiming Note (appeal) Against Interlocutor on Diligence for Recovery of Documents

Legal Issues

  1. 1 Whether a reclaiming note is competent without leave against an interlocutor refusing diligence for recovery of documents
  2. 2 Distinction between interlocutors granting and refusing diligence in context of reclaiming notes

Ratio Decidendi

A reclaiming note is competent without leave against an interlocutor refusing diligence for recovery of documents, as such refusal imports a refusal of proof. The distinction is drawn between interlocutors granting diligence (requiring leave) and those refusing diligence (not requiring leave).

Court Disposition

Objection to competency of reclaiming note repelled; reclaiming note sustained as competent.

Orders

  • Cause appointed to be put to the Summar Roll.