Lambert v Home: CA 1914

There was a transcript taken by a shorthand writer.
Held: (Chanell J dissenting) Cozens-Hardy MR said as follows: ‘Now the proceedings in the county court were public. Any one present could listen and take a note of what the witnesses said. The transcript did not involve any such ‘professional knowledge, research and skill’ as Bowen LJ referred to in Lyell v Kennedy. There is no original composition in the document. It is a mere transcript of that which was publici juris. A defendant who has obtained at his own cost a copy of a document, not in his possession, which is not itself privileged, cannot decline to produce the copy, although he obtained it in anticipation of future litigation’ A transcript of a case was ‘publici juris’ (belonging to the public).

Judges:

Cozens-Hardy MR, Buckley LJ, Chanell J

Citations:

[1914] 3 KB 86

Jurisdiction:

England and Wales

Litigation Practice, Intellectual Property

Updated: 06 May 2022; Ref: scu.223345