Scottish Court of Session Decisions

This was a motion in the Single Bills incidental to an action of damages raised by the pursuers against the defender, who was at the time of the alleged illegal apprehension complained of a sergeant in the Linlithgowshire police. The pursuers had been arrested by the defender upon 4th June 1889, the defender acting at the demand of James Charles, master of the s.s. “Tay,” in which vessel the defenders were seamen; and the defender thereafter made two separate reports to the procurator-fiscal relating to the circumstances of the arrest. The motion was for the recovery of these reports, that they might be used in evidence before the jury which was summoned to try the action of damages.

The pursuers in supporting the motion relied upon the authority of Henderson v. Robertson, 15 D. 292; Dickson on Evidence, sec. 1655 (vol. ii. 907); Boag v. Gillies, 5 Deas & And. 434.

The defender was willing that the motion should be granted, but appearance was made for the Lord Advocate, who stated that while no harm to the public service was to be apprehended from the recovery of the reports referred to in this instance, yet that he objected upon general grounds to such confidential communications being recovered.

At advising—