Grierson v. Mitchell [1911] ScotLR 94 (24 November 1911)

It is irregular and impermissible to print and box documents to the Inner House that have not been lodged in process; the Court will refuse to consider such documents.

Citation: [1911] ScotLR 94
Parties: Pursuer and Reclaimer: Mrs Alice Stanley Peake or Grierson; Defender and Respondent: Charles Ernest Mitchell
Jurisdiction: Scotland
Judgment Date: 24 November 1911
Procedural Posture: Reclaiming Note (appeal) in an Action of Damages / Inner House, Second Division, Appeal From Interlocutor Dismissing Action
Outcome: Appeal dismissed; Court refused to consider the correspondence not in process.
Legal Topics: Process, Reclaiming Note, Boxing of Prints, Admissibility of Documents

Civil Procedure Process Reclaiming Note Boxing of Prints Admissibility of Documents

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Parties

Mrs Alice Stanley Peake or Grierson

Pursuer and Reclaimer

Charles Ernest Mitchell

Defender and Respondent

Procedural Posture

Reclaiming Note (appeal) in an Action of Damages / Inner House, Second Division, Appeal From Interlocutor Dismissing Action

Legal Issues

1 Whether documents not lodged in process may be printed and boxed to the Inner House on a reclaiming note
2 Whether the Court may consider correspondence not in process

Ratio Decidendi

It is irregular and impermissible to print and box documents to the Inner House that have not been lodged in process; the Court will refuse to consider such documents.

Court Disposition

Appeal dismissed; Court refused to consider the correspondence not in process.

Orders

Court refused to look at the correspondence not lodged in process.
Affirmed the rule that only documents in process may be printed and boxed to the Inner House.