Gregson v. Grant [1910] ScotLR 6 (23 June 1910)

Gregson v. Grant [1910] ScotLR 6 (23 June 1910)

The pursuer's retention of the plans, handed over in open court in connection with the proceedings, is not distinguishable from contempt and must be remedied by delivery to the defender. The court retains jurisdiction to order delivery despite the final interlocutor.

Citation
[1910] ScotLR 6
Parties
Pursuer: Francis Robert Gregson; Defender: Sir Arthur Henry Grant, Bart. of Monymusk
Jurisdiction
Scotland
Judgment Date
23 June 1910
Procedural Posture
Action of Declarator / Post Final Interlocutor, Application for Order to Deliver Documents
Outcome
application granted
Legal Topics
Retention of Documents, Contempt of Court, Delivery of Documents
Civil Procedure Property Law Retention of Documents Contempt of Court Delivery of Documents

Case Brief

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Parties

Francis Robert Gregson

Pursuer

Sir Arthur Henry Grant, Bart. of Monymusk

Defender

Procedural Posture

Action of Declarator / Post Final Interlocutor, Application for Order to Deliver Documents

Legal Issues

  1. 1 whether the pursuer must return documents handed over during proof but not lodged in process
  2. 2 competency of the minute seeking delivery after final interlocutor

Ratio Decidendi

The pursuer's retention of the plans, handed over in open court in connection with the proceedings, is not distinguishable from contempt and must be remedied by delivery to the defender. The court retains jurisdiction to order delivery despite the final interlocutor.

Court Disposition

application granted

Orders

  • pursuer ordered to deliver the roll of plans to the defender's agents within seven days