British Thomson-Houston Co., Ltd v. Charlesworth, Peebles, & Co. [1923] ScotLR 105 (21 December 1923)

British Thomson-Houston Co., Ltd v. Charlesworth, Peebles, & Co. [1923] ScotLR 105 (21 December 1923)

Excerpts from the House of Lords case, not proved or put in evidence in the Scottish action and not considered by the Lord Ordinary, cannot be printed and lodged as an appendix in the reclaiming process. The reclaimers may only print and box the whole document as lodged in process, not selected excerpts, and even then, permission to print does not equate to permission to use as evidence.

Citation
[1923] ScotLR 105
Parties
Pursuer/respondent: British Thomson-Houston Company, Limited; Defender/reclaimer: Charlesworth, Peebles, & Company
Jurisdiction
Scotland
Judgment Date
21 December 1923
Procedural Posture
Civil (patent Infringement/interdict and Damages) / Interlocutory Application During Reclaiming (appeal) Process
Outcome
Application granted; objection sustained.
Legal Topics
Evidence, Patent Infringement, Interdict, Production of Documents, Appeal Procedure
Civil Procedure Intellectual Property Evidence Patent Infringement Interdict Production of Documents Appeal Procedure

Case Brief

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Parties

British Thomson-Houston Company, Limited

Pursuer/respondent

Charlesworth, Peebles, & Company

Defender/reclaimer

Procedural Posture

Civil (patent Infringement/interdict and Damages) / Interlocutory Application During Reclaiming (appeal) Process

Legal Issues

  1. 1 Whether excerpts from a House of Lords case in a related English action, not proved or put in evidence in the Scottish action, can be printed and lodged as an appendix in the reclaiming process.
  2. 2 Whether the reclaimers can print and box only selected excerpts rather than the whole document.

Ratio Decidendi

Excerpts from the House of Lords case, not proved or put in evidence in the Scottish action and not considered by the Lord Ordinary, cannot be printed and lodged as an appendix in the reclaiming process. The reclaimers may only print and box the whole document as lodged in process, not selected excerpts, and even then, permission to print does not equate to permission to use as evidence.

Court Disposition

Application granted; objection sustained.

Orders

  • Disallow defenders and reclaimers from printing, boxing, and lodging as an appendix the excerpts referred to.
  • Interpel the Clerk of Court and boxing clerks from receiving prints of an appendix consisting of, or partly consisting of, such excerpts.