Whitehill v. Glasgow Corporation [1915] ScotLR 782 (20 July 1915)

Whitehill v. Glasgow Corporation [1915] ScotLR 782 (20 July 1915)

A report made by employees immediately after an accident, for the information of their employer and before litigation is contemplated, is not privileged or confidential and must be produced, regardless of its heading or recipient. The settled practice and authoritative decisions require such reports to be recoverable.

Citation
[1915] ScotLR 782
Parties
Pursuer: Matthew Whitehill; Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
20 July 1915
Procedural Posture
Action of Damages / Interlocutory Application for Production of Documents; Refusal of Leave to Appeal
Outcome
Report ordered to be produced; leave to appeal refused.
Legal Topics
Disclosure of Documents, Confidentiality of Reports, Diligence for Recovery of Documents, Privilege
Civil Procedure Evidence Disclosure of Documents Confidentiality of Reports Diligence for Recovery of Documents Privilege

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Parties

Matthew Whitehill

Pursuer

Corporation of the City of Glasgow

Defenders

Procedural Posture

Action of Damages / Interlocutory Application for Production of Documents; Refusal of Leave to Appeal

Legal Issues

  1. 1 Whether a report made de recenti by employees of a tramway company after an accident, headed as confidential and for use of solicitors in possible litigation, is recoverable by the pursuer in an action for damages.
  2. 2 Whether such a report is privileged or confidential and exempt from production.

Ratio Decidendi

A report made by employees immediately after an accident, for the information of their employer and before litigation is contemplated, is not privileged or confidential and must be produced, regardless of its heading or recipient. The settled practice and authoritative decisions require such reports to be recoverable.

Court Disposition

Report ordered to be produced; leave to appeal refused.

Orders

  • Defenders ordained to produce the report by the driver and conductor in a sealed packet within twenty-four hours.
  • Report to be made available to the pursuer as a production in the cause, with exhibition superseded until 20th July.