Robertson v. Hall [1901] ScotLR 38_445 (07 March 1901)

Robertson v. Hall [1901] ScotLR 38_445 (07 March 1901)

The short time between adjustment of issues and trial, combined with the need for documentary evidence and the defender's inability to prepare adequately, justified granting the motion for postponement to ensure justice.

Citation
[1901] ScotLR 38_445
Parties
Pursuer: Robert Chisholm Robertson; Pursuer's Agent: James B. Bryson; Defender: John Hall; Defender's Agent: D. C. Oliver
Jurisdiction
Scotland
Judgment Date
07 March 1901
Procedural Posture
Action of Damages for Slander / Motion for Postponement of Trial
Outcome
notice of trial discharged; trial postponed
Legal Topics
Slander, Jury Trial, Postponement of Trial, Counter Issue
Civil Procedure Defamation Slander Jury Trial Postponement of Trial Counter Issue

Case Brief

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Parties

Robert Chisholm Robertson

Pursuer

James B. Bryson

Pursuer's Agent

John Hall

Defender

D. C. Oliver

Defender's Agent

Procedural Posture

Action of Damages for Slander / Motion for Postponement of Trial

Legal Issues

  1. 1 Whether the trial should be postponed due to short preparation time and difficulty in procuring evidence for a counter issue referring to events in 1894.

Ratio Decidendi

The short time between adjustment of issues and trial, combined with the need for documentary evidence and the defender's inability to prepare adequately, justified granting the motion for postponement to ensure justice.

Court Disposition

notice of trial discharged; trial postponed

Orders

  • The Court discharged the notice of trial.