The Admiralty v. The Aberdeen Steam Trawling and Fishing Co., Ltd [1908] ScotLR 254 (18 December 1908)

The Admiralty v. The Aberdeen Steam Trawling and Fishing Co., Ltd [1908] ScotLR 254 (18 December 1908)

Where a government department objects to production of documents on grounds of public interest, the court must defer to the department's assessment and refuse diligence for recovery, even if the department is pursuer. Reports by ship officers to owners are recoverable in private actions but not admissible as evidence; however, public interest prevails over procedural rights.

Citation
[1908] ScotLR 254
Parties
Pursuer: The Admiralty; Defender: The Aberdeen Steam Trawling and Fishing Company, Limited
Jurisdiction
Scotland
Judgment Date
18 December 1908
Procedural Posture
Civil Action for Damages (collision) / Reclaiming Note (appeal) Against Interlocutor Granting Commission and Diligence
Outcome
Interlocutor granting commission and diligence for recovery of documents under article 2 recalled; article 2 deleted from specification; case remitted to Lord Ordinary to proceed as accords.
Legal Topics
Confidentiality of Government Documents, Diligence for Recovery of Documents, Public Policy, Evidence Admissibility
Admiralty Civil Procedure Public Law Confidentiality of Government Documents Diligence for Recovery of Documents Public Policy Evidence Admissibility

Case Brief

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Parties

The Admiralty

Pursuer

The Aberdeen Steam Trawling and Fishing Company, Limited

Defender

Procedural Posture

Civil Action for Damages (collision) / Reclaiming Note (appeal) Against Interlocutor Granting Commission and Diligence

Legal Issues

  1. 1 Whether a government department can object to production of documents on grounds of public interest when it is pursuer
  2. 2 Whether diligence for recovery of confidential reports should be granted in actions involving public departments
  3. 3 Whether reports by ship officers to owners are recoverable and admissible as evidence

Ratio Decidendi

Where a government department objects to production of documents on grounds of public interest, the court must defer to the department's assessment and refuse diligence for recovery, even if the department is pursuer. Reports by ship officers to owners are recoverable in private actions but not admissible as evidence; however, public interest prevails over procedural rights.

Court Disposition

Interlocutor granting commission and diligence for recovery of documents under article 2 recalled; article 2 deleted from specification; case remitted to Lord Ordinary to proceed as accords.

Orders

  • Recall interlocutor of 12th November 1908 in so far as it granted commission and diligence for recovery of documents under article 2.
  • Delete article 2 from specification.