Macdonald v. Hedderwick & Sons [1901] ScotLR 38_456 (16 March 1901)

Macdonald v. Hedderwick & Sons [1901] ScotLR 38_456 (16 March 1901)

The pursuer is entitled to diligence for recovery of the defenders' business books only to the extent necessary to show the average circulation of the newspaper at the relevant time, but not to obtain excerpts showing localities of sale, which should be proved by oral evidence.

Citation
[1901] ScotLR 38_456
Parties
Pursuer: Macdonald; Defender: Hedderwick & Sons
Jurisdiction
Scotland
Judgment Date
16 March 1901
Procedural Posture
Civil / Interlocutory Application for Diligence
Outcome
partially granted
Legal Topics
Diligence, Disclosure of Documents, Slander, Proof of Damages
Civil Procedure Media Law Defamation Diligence Disclosure of Documents Slander Proof of Damages

Case Brief

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Parties

Macdonald

Pursuer

Hedderwick & Sons

Defender

Procedural Posture

Civil / Interlocutory Application for Diligence

Legal Issues

  1. 1 Whether the pursuer is entitled to recover the defenders' business books to prove newspaper circulation and localities of sale in a slander action.

Ratio Decidendi

The pursuer is entitled to diligence for recovery of the defenders' business books only to the extent necessary to show the average circulation of the newspaper at the relevant time, but not to obtain excerpts showing localities of sale, which should be proved by oral evidence.

Court Disposition

partially granted

Orders

  • Diligence granted for recovery of books showing average circulation for September 1900.
  • Diligence refused for excerpts showing localities of sale.