Muir v. Edinburgh and District Tramways Co., Ltd [1908] ScotLR 248 (03 December 1908)

Muir v. Edinburgh and District Tramways Co., Ltd [1908] ScotLR 248 (03 December 1908)

Police reports and communications, and reports by servants to employer, are confidential and not recoverable under diligence; bye-laws, rules, and instructions issued by public authority or employer affecting tramway operation and passenger safety are recoverable.

Citation
[1908] ScotLR 248
Parties
Pursuer: Mrs Mary Muir; Defender: Edinburgh and District Tramways Company, Limited
Jurisdiction
Scotland
Judgment Date
03 December 1908
Procedural Posture
Personal Injury Damages Action / Application for Commission and Diligence Prior to Jury Trial
Outcome
Application for commission and diligence granted in part; articles 1–4 disallowed, articles 5–6 allowed.
Legal Topics
Recovery of Documents, Confidentiality of Reports, Bye Laws and Regulations, Diligence for Recovery
Civil Procedure Personal Injury Evidence Recovery of Documents Confidentiality of Reports Bye Laws and Regulations Diligence for Recovery

Case Brief

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Parties

Mrs Mary Muir

Pursuer

Edinburgh and District Tramways Company, Limited

Defender

Procedural Posture

Personal Injury Damages Action / Application for Commission and Diligence Prior to Jury Trial

Legal Issues

  1. 1 Whether police reports and communications, and reports by servants to employer, are recoverable under diligence
  2. 2 Whether bye-laws, rules, and instructions issued by public authorities or employer are recoverable

Ratio Decidendi

Police reports and communications, and reports by servants to employer, are confidential and not recoverable under diligence; bye-laws, rules, and instructions issued by public authority or employer affecting tramway operation and passenger safety are recoverable.

Court Disposition

Application for commission and diligence granted in part; articles 1–4 disallowed, articles 5–6 allowed.

Orders

  • Diligence granted for recovery of bye-laws, rules, instructions issued by public authority and employer affecting tramway operation and passenger safety.
  • Diligence refused for police reports, communications, and reports by servants to employer.