Reid v. Frederick Johnston & Co. [1911] ScotLR 106 (28 November 1911)

The diligence for recovery of documents was granted because the pursuer made detailed averments of malice, making the documents sought relevant and justifying the breadth of the specification.

Citation: [1911] ScotLR 106
Parties: Pursuer: Rev. Alan Reid; Defender: Frederick Johnston & Company
Jurisdiction: Scotland
Judgment Date: 28 November 1911
Procedural Posture: Civil / Interlocutory (motion for Diligence for Recovery of Documents)
Outcome: diligence for recovery of documents granted
Legal Topics: Diligence for Recovery of Documents, Slander, Malice, Confidential Communications

Civil Procedure Defamation Diligence for Recovery of Documents Slander Malice Confidential Communications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Rev. Alan Reid

Pursuer

Frederick Johnston & Company

Defender

Procedural Posture

Civil / Interlocutory (motion for Diligence for Recovery of Documents)

Legal Issues

1 Whether the pursuer is entitled to diligence for recovery of documents in a slander action against newspaper proprietors, particularly where malice is averred and the documents sought include confidential communications.

Ratio Decidendi

The diligence for recovery of documents was granted because the pursuer made detailed averments of malice, making the documents sought relevant and justifying the breadth of the specification.

Court Disposition

diligence for recovery of documents granted

Orders

Diligence for recovery of documents in terms of the specification granted.