Aitchison & Sons, Ltd v. M'Ewan [1903] ScotLR 40_249 (08 January 1903)

Diligence for recovery of company books granted solely on the ground that they may be material to the question of the amount of damages; not to be used for any other purpose.

Citation: [1903] ScotLR 40_249
Parties: Pursuer: Aitchison & Sons, Limited; Defender: John M'Ewan and others
Jurisdiction: Scotland
Judgment Date: 08 January 1903
Procedural Posture: Action for Damages (slander) / Interlocutory Motion for Diligence for Recovery of Documents
Outcome: diligence granted for recovery of documents
Legal Topics: Slander, Judicial Liquidation, Diligence for Recovery of Documents, Damages Assessment

Company Law Defamation Civil Procedure Slander Judicial Liquidation Diligence for Recovery of Documents Damages Assessment

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Parties

Aitchison & Sons, Limited

Pursuer

John M'Ewan and others

Defender

Procedural Posture

Action for Damages (slander) / Interlocutory Motion for Diligence for Recovery of Documents

Legal Issues

1 Whether defenders are entitled to recover company books for purposes other than damages
2 Relevance of company books to the issue of damages in a slander action

Ratio Decidendi

Diligence for recovery of company books granted solely on the ground that they may be material to the question of the amount of damages; not to be used for any other purpose.

Court Disposition

diligence granted for recovery of documents

Orders

Grant diligence against havers at the instance of the defenders for recovery of documents in specification No. 31 of process (as amended at the Bar)
Grant commission to Mr W. Æ. Mackintosh, advocate, to take oaths and examinations of havers and receive exhibits and productions, to be reported quam primum