Macdonald v. Hedderwick & Sons [1901] ScotLR 38_455 (13 March 1901)

Macdonald v. Hedderwick & Sons [1901] ScotLR 38_455 (13 March 1901)

The defenders are entitled to diligence to recover the pursuer's income-tax receipts for the last three years, as such receipts are relevant evidence of profits in an action for damages for loss of business, and there is no distinction in principle between loss caused by personal injury and loss caused by slander.

Citation
[1901] ScotLR 38_455
Parties
Pursuer: Charles C. Macdonald; Defender: James Hedderwick & Sons
Jurisdiction
Scotland
Judgment Date
13 March 1901
Procedural Posture
Action of Damages for Slander / Interlocutory Application for Diligence
Outcome
diligence granted
Legal Topics
Slander, Damages, Disclosure of Documents, Income Tax Receipts as Evidence
Civil Procedure Defamation Slander Damages Disclosure of Documents Income Tax Receipts as Evidence

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Parties

Charles C. Macdonald

Pursuer

James Hedderwick & Sons

Defender

Procedural Posture

Action of Damages for Slander / Interlocutory Application for Diligence

Legal Issues

  1. 1 Whether defenders are entitled to diligence to recover pursuer's income-tax receipts in an action for damages for slander alleging loss of business reputation and profits.

Ratio Decidendi

The defenders are entitled to diligence to recover the pursuer's income-tax receipts for the last three years, as such receipts are relevant evidence of profits in an action for damages for loss of business, and there is no distinction in principle between loss caused by personal injury and loss caused by slander.

Court Disposition

diligence granted

Orders

  • Defenders granted diligence to recover pursuer's income-tax receipts for the last three years.