Gray v. Wyllie [1904] ScotLR 41_342 (25 February 1904)

Gray v. Wyllie [1904] ScotLR 41_342 (25 February 1904)

In an action for slander alleging injury to business, the defender is entitled to recover the pursuer's business books only so far as they show the profits of the pursuer's business during the relevant period, but not private books, income-tax returns, or the business books of a company to which the business was transferred, as these are either irrelevant or privileged.

Citation
[1904] ScotLR 41_342
Parties
Pursuer: Charles Gray; Defender: James Wyllie
Jurisdiction
Scotland
Judgment Date
25 February 1904
Procedural Posture
Action of Damages for Slander / Interlocutory Application for Diligence (discovery) Prior to Trial
Outcome
Application for diligence allowed in part; defender entitled to recover pursuer's business books showing profits, but not private books, income-tax returns, or company books.
Legal Topics
Slander, Damages, Discovery of Documents, Business Records, Privilege
Tort Civil Procedure Evidence Slander Damages Discovery of Documents Business Records Privilege

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Parties

Charles Gray

Pursuer

James Wyllie

Defender

Procedural Posture

Action of Damages for Slander / Interlocutory Application for Diligence (discovery) Prior to Trial

Legal Issues

  1. 1 Whether the defender is entitled to recover the pursuer's business books, private books, income-tax returns, and the business books of a company to which the business was transferred in an action for slander alleging business injury.

Ratio Decidendi

In an action for slander alleging injury to business, the defender is entitled to recover the pursuer's business books only so far as they show the profits of the pursuer's business during the relevant period, but not private books, income-tax returns, or the business books of a company to which the business was transferred, as these are either irrelevant or privileged.

Court Disposition

Application for diligence allowed in part; defender entitled to recover pursuer's business books showing profits, but not private books, income-tax returns, or company books.

Orders

  • Defender allowed diligence to recover pursuer's business books showing profits for relevant period.
  • Defender not allowed diligence for private books, income-tax returns, or company books.