M'Culloch v. Glasgow Corporation [1917] ScotLR 178 (15 December 1917)

M'Culloch v. Glasgow Corporation [1917] ScotLR 178 (15 December 1917)

The pursuer is entitled to both the report proper and the list of witnesses as both form part of the same document, and precedent (Macphee v. Glasgow Corporation) compels disclosure; the defenders cannot excise the list of witnesses from the report.

Citation
[1917] ScotLR 178
Parties
Pursuer: Bernard M'Culloch; Defender: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
15 December 1917
Procedural Posture
Action of Damages / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Disclosure of Documents, Confidentiality of Witness Lists, Diligence for Recovery of Documents
Civil Procedure Evidence Disclosure of Documents Confidentiality of Witness Lists Diligence for Recovery of Documents

Case Brief

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Parties

Bernard M'Culloch

Pursuer

Corporation of the City of Glasgow

Defender

Procedural Posture

Action of Damages / Reclaiming Motion (appeal) Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the pursuer is entitled to access both the report proper and the attached list of witnesses compiled by the defenders' servant after an accident.
  2. 2 Whether the list of witnesses is confidential or privileged and can be withheld from the pursuer.

Ratio Decidendi

The pursuer is entitled to both the report proper and the list of witnesses as both form part of the same document, and precedent (Macphee v. Glasgow Corporation) compels disclosure; the defenders cannot excise the list of witnesses from the report.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Defenders to lodge in process the portion of the report containing the names of bystanders (witnesses).
  • Defenders to lodge in process the corresponding list of names in the case of Walton v. Corporation of Glasgow.