Miller v. Mac Fisheries, Ltd [1921] ScotLR 182 (22 December 1921)

Miller v. Mac Fisheries, Ltd [1921] ScotLR 182 (22 December 1921)

The application for a new trial was refused because the proposed new oral evidence was merely corroborative of facts already averred and supported at trial, did not introduce any new material fact or change the case's complexion, and was not necessary for justice. The Court held that allowing such evidence would undermine the conclusiveness of proof and lead to endless litigation.

Citation
[1921] ScotLR 182
Parties
Pursuer: Mrs Christina Miller; Defenders: Mac Fisheries, Limited
Jurisdiction
Scotland
Judgment Date
22 December 1921
Procedural Posture
Jury Trial for Damages / Post Verdict Application for New Trial
Outcome
application for new trial refused
Legal Topics
New Trial, Res Noviter Veniens Ad Notitiam, Jury Trials, Admissibility of New Evidence
Civil Procedure Personal Injury New Trial Res Noviter Veniens Ad Notitiam Jury Trials Admissibility of New Evidence

Case Brief

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Parties

Mrs Christina Miller

Pursuer

Mac Fisheries, Limited

Defenders

Procedural Posture

Jury Trial for Damages / Post Verdict Application for New Trial

Legal Issues

  1. 1 Whether discovery of new oral evidence after trial justifies granting a new trial under Jury Trials (Scotland) Act 1815, sec. 6
  2. 2 Materiality and admissibility of additional corroborative evidence

Ratio Decidendi

The application for a new trial was refused because the proposed new oral evidence was merely corroborative of facts already averred and supported at trial, did not introduce any new material fact or change the case's complexion, and was not necessary for justice. The Court held that allowing such evidence would undermine the conclusiveness of proof and lead to endless litigation.

Court Disposition

application for new trial refused

Orders

  • rule discharged
  • no new trial granted