Macphee v. Glasgow Corporation [1915] ScotLR 772 (30 June 1915)

Macphee v. Glasgow Corporation [1915] ScotLR 772 (30 June 1915)

The names and addresses of persons present at the accident, as contained in the report, are not confidential and do not constitute precognition; the pursuer is entitled to access to this information as part of the recovered report.

Citation
[1915] ScotLR 772
Parties
Pursuer: Christina Macphee; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
30 June 1915
Procedural Posture
Damages Action / Motion for Access to Sealed Report
Outcome
motion granted
Legal Topics
Diligence for Recovery of Documents, Confidentiality of Witness Lists, Precognition, Facilities for Precognition of Witnesses
Civil Procedure Evidence Diligence for Recovery of Documents Confidentiality of Witness Lists Precognition Facilities for Precognition of Witnesses

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Parties

Christina Macphee

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Damages Action / Motion for Access to Sealed Report

Legal Issues

  1. 1 Whether the list of witnesses contained in a report made de recenti by an employee of a tramway company is confidential and should be withheld from the pursuer
  2. 2 Whether the pursuer is entitled to access to the names and addresses of persons present at the accident

Ratio Decidendi

The names and addresses of persons present at the accident, as contained in the report, are not confidential and do not constitute precognition; the pursuer is entitled to access to this information as part of the recovered report.

Court Disposition

motion granted

Orders

  • The sealed packet containing the list of witnesses is to be opened by the Clerk of Court and made available to the pursuer.