Keir v. Outram & Co., Ltd [1913] ScotLR 8 (27 June 1913)

Keir v. Outram & Co., Ltd [1913] ScotLR 8 (27 June 1913)

The defender was not entitled to diligence for recovery of the pursuer's income-tax receipts because such documents were not relevant or necessary to the proof of injury to business in a slander action, as established by binding authority.

Citation
[1913] ScotLR 8
Parties
Pursuer: Duncan Keir; Defender: Outram & Company, Limited
Jurisdiction
Scotland
Judgment Date
27 June 1913
Procedural Posture
Action of Damages for Slander / Interlocutory Application for Diligence for Recovery of Documents
Outcome
application for diligence for recovery of income-tax receipts refused
Legal Topics
Diligence for Recovery of Documents, Income Tax Receipts, Damages for Slander, Injury to Business
Civil Procedure Defamation Diligence for Recovery of Documents Income Tax Receipts Damages for Slander Injury to Business

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Parties

Duncan Keir

Pursuer

Outram & Company, Limited

Defender

Procedural Posture

Action of Damages for Slander / Interlocutory Application for Diligence for Recovery of Documents

Legal Issues

  1. 1 Whether the defender is entitled to diligence for recovery of the pursuer's income-tax receipts in an action for damages for slander.

Ratio Decidendi

The defender was not entitled to diligence for recovery of the pursuer's income-tax receipts because such documents were not relevant or necessary to the proof of injury to business in a slander action, as established by binding authority.

Court Disposition

application for diligence for recovery of income-tax receipts refused