Sheridan v. Peel [1907] ScotLR 406 (26 February 1907)

Sheridan v. Peel [1907] ScotLR 406 (26 February 1907)

Only communications between the defender and the procurator-fiscal relating to the complaint are recoverable, subject to intimation to the Lord Advocate, who may object on public interest grounds. Other documents, such as all correspondence between the parties, charge books, and precognitions, are irrelevant or inadmissible and must be disallowed.

Citation
[1907] ScotLR 406
Parties
Pursuer: Thomas Patrick Sheridan; Defender: Arthur Peel; Third Party: Lord Advocate (represented by Adam, A.-D.)
Jurisdiction
Scotland
Judgment Date
26 February 1907
Procedural Posture
Civil / Interlocutory (diligence for Recovery of Documents)
Outcome
Partial grant of diligence for recovery of documents; most articles disallowed; specification granted as amended after Lord Advocate's consent.
Legal Topics
Diligence for Recovery of Documents, Slander, Malicious Prosecution, Public Interest Immunity, Evidence
Civil Procedure Defamation Criminal Procedure Diligence for Recovery of Documents Slander Malicious Prosecution Public Interest Immunity Evidence

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Parties

Thomas Patrick Sheridan

Pursuer

Arthur Peel

Defender

Lord Advocate (represented by Adam, A.-D.)

Third Party

Procedural Posture

Civil / Interlocutory (diligence for Recovery of Documents)

Legal Issues

  1. 1 Whether documents in the custody of Crown officials can be recovered in a civil action for slander and malicious prosecution
  2. 2 Whether specific articles of specification for recovery of documents are relevant and admissible

Ratio Decidendi

Only communications between the defender and the procurator-fiscal relating to the complaint are recoverable, subject to intimation to the Lord Advocate, who may object on public interest grounds. Other documents, such as all correspondence between the parties, charge books, and precognitions, are irrelevant or inadmissible and must be disallowed.

Court Disposition

Partial grant of diligence for recovery of documents; most articles disallowed; specification granted as amended after Lord Advocate's consent.

Orders

  • Articles 1, 7, and 8 of the specification disallowed.
  • Article 6 (as adjusted) granted after intimation to and consent by the Lord Advocate.