Smithies, a master plasterer carrying on business in Birmingham, brought an action against the National Association of Operative Plasterers and the trustees thereof for damages for conspiracy, the conspiracy alleged being that they unlawfully and maliciously and with intent to injure him conspired together and with others to induce, persuade, influence, and coerce certain workmen, and in fact indeed persuaded, influenced, and coerced such workmen not to fulfil their contracts with him, and not to enter into further contracts with him or to engage in his service. The defences stated were, inter alia, that the acts complained of were lawful and done for the purpose of persuading Smithies to adhere to an agreement to which he was a party as a member of the Master Plasterers Association.
Smithies issued a summons for directions, asking for discovery of documents.
Master Archibald ordered discovery against the defendants, and Bucknill, J., confirmed the Master’s order.
The defendants appealed, and the Court of Appeal ( Collins, M.R., and Romer, L. J.) adhered.
The defendants appealed to the House of Lords.
Held: The Court will not refuse to grant an order for the discovery of documents against a party to an action merely on the ground that such discovery may incriminate the party and render him liable to a criminal charge.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Robertson, and Atkinson
Citations:
[1906] UKHL 607, 44 SLR 607
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 29 May 2022; Ref: scu.625465