Mackirdy v. Glasgow and Transvaal Options, Ltd [1903] ScotLR 40_313 (27 January 1903)

Mackirdy v. Glasgow and Transvaal Options, Ltd [1903] ScotLR 40_313 (27 January 1903)

The Court granted the diligence, holding that the petitioner was entitled to recover the letter-books to identify recipients and potentially obtain evidence relevant to the alleged misrepresentation, regardless of whether originals had been shown to be destroyed.

Source-derived case information.

Citation
[1903] ScotLR 40_313
Parties
Petitioner: W. A. S. Mackirdy; Respondent: Glasgow and Transvaal Options, Limited
Jurisdiction
Scotland
Judgment Date
27 January 1903
Procedural Posture
Petition for Rectification of Company Register / Interlocutory Application for Diligence to Recover Documents
Outcome
diligence granted
Legal Topics
Rectification of Register, Prospectus Misrepresentation, Diligence, Recovery of Documents
Company Law Civil Procedure Rectification of Register Prospectus Misrepresentation Diligence Recovery of Documents

Source-derived case record

Summary, issues, holding and outcome

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Parties

W. A. S. Mackirdy

Petitioner

Glasgow and Transvaal Options, Limited

Respondent

Procedural Posture

Petition for Rectification of Company Register / Interlocutory Application for Diligence to Recover Documents

Legal Issues

  1. 1 Whether the petitioner is entitled to diligence to recover letter-books for evidence of misrepresentation in a prospectus
  2. 2 Whether copies of letters in letter-books are recoverable if originals may exist

Ratio Decidendi

The Court granted the diligence, holding that the petitioner was entitled to recover the letter-books to identify recipients and potentially obtain evidence relevant to the alleged misrepresentation, regardless of whether originals had been shown to be destroyed.

Court Disposition

diligence granted

Orders

  • Prayer of the note for diligence to recover letter-books granted