Finlay v. Glasgow Corporation [1915] ScotLR 446 (11 March 1915)

Finlay v. Glasgow Corporation [1915] ScotLR 446 (11 March 1915)

Diligence for recovery of employee reports made at or about the time of the accident is granted, but limited to those not prepared in contemplation of litigation, following established authority on the non-privileged status of such documents.

Citation
[1915] ScotLR 446
Parties
Pursuer: Andrew Finlay (as tutor and administrator-in-law of Louise Margaret Finlay); Defenders: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
11 March 1915
Procedural Posture
Action of Damages / Motion for Diligence for Recovery of Documents
Outcome
diligence for recovery of documents granted as limited
Legal Topics
Discovery of Documents, Confidentiality, Privilege, Personal Injury
Civil Procedure Tort Discovery of Documents Confidentiality Privilege Personal Injury

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Parties

Andrew Finlay (as tutor and administrator-in-law of Louise Margaret Finlay)

Pursuer

Corporation of the City of Glasgow

Defenders

Procedural Posture

Action of Damages / Motion for Diligence for Recovery of Documents

Legal Issues

  1. 1 Whether diligence for recovery of reports and communications made by employees at or about the time of the accident should be granted
  2. 2 Whether such documents are privileged or confidential and thus protected from disclosure

Ratio Decidendi

Diligence for recovery of employee reports made at or about the time of the accident is granted, but limited to those not prepared in contemplation of litigation, following established authority on the non-privileged status of such documents.

Court Disposition

diligence for recovery of documents granted as limited

Orders

  • Diligence for recovery of specified reports and communications made by employees at or about the time of the accident granted, restricted to documents not prepared in contemplation of litigation.