Mackenzie v. Mackenzie's Trustees and Others [1916] ScotLR 219 (15 December 1916)

Mackenzie v. Mackenzie's Trustees and Others [1916] ScotLR 219 (15 December 1916)

In the special circumstances of the case, as a question of status is involved and the defenders failed to show that the documents were essential to prove any facts averred on record, the diligence for recovery of documents should be granted.

Citation
[1916] ScotLR 219
Parties
Pursuer: Mrs Mary Russell or Mackenzie; Defenders: Trustees of the late Thomas Mackenzie; Defenders: Brothers and sisters of Thomas Mackenzie
Jurisdiction
Scotland
Judgment Date
15 December 1916
Procedural Posture
Action of Declarator of Marriage / Interlocutory Application for Diligence for Recovery of Documents
Outcome
diligence granted
Legal Topics
Declarator of Marriage, Confidentiality, Recovery of Documents, Privilege
Family Law Evidence Law Declarator of Marriage Confidentiality Recovery of Documents Privilege

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Parties

Mrs Mary Russell or Mackenzie

Pursuer

Trustees of the late Thomas Mackenzie

Defenders

Brothers and sisters of Thomas Mackenzie

Defenders

Procedural Posture

Action of Declarator of Marriage / Interlocutory Application for Diligence for Recovery of Documents

Legal Issues

  1. 1 Whether diligence for recovery of confidential documents should be granted in an action of declarator of marriage against a deceased person
  2. 2 Whether confidentiality privilege survives the death of the client in relation to law agents' business books

Ratio Decidendi

In the special circumstances of the case, as a question of status is involved and the defenders failed to show that the documents were essential to prove any facts averred on record, the diligence for recovery of documents should be granted.

Court Disposition

diligence granted

Orders

  • Court recalled the interlocutor of the Lord Ordinary and granted the diligence for recovery of documents