Watson v Jones or McEwan et è contra

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date28 July 1905
Judgment citation (vLex)[1905] UKHL J0728-2
Date28 July 1905

[1905] UKHL J0728-2

House of Lords

Watson
and
Jones or McEwan et � Contra.
1

After hearing Counsel this day upon the Petition and Appeal of Sir Patrick Heron Watson, Knight, Doctor of Medicine; residing at 16 Charlotte Square, Edinburgh, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an, Interlocutor of the. Lord Ordinary in Scotland, of the 12th of July 1904, except so far as regards the words "Disallows the second and fourth issues proposed by the pursuer " and also an Interlocutor of the Lords of Session there, of the Second Division, of the 18th of November 1904, except so. far as regards the words "Disallow the first issue proposed for the pursuer, to which extent alter the said interlocutor reclaimed against," might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the Petition and Cross Appeal of Mrs. Jessie Prentice Jones or M'Ewan, of 2 Greenbank Road, Edinburgh, wife of Thomas M'Ewan, of 14 Warrender Park Crescent, Edinburgh, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, the said Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 18th of November 1904, so far as regards the said words "Disallow the first issue proposed for the pursuer, to which extent alter the said Interlocutor reclaimed against," also the words "appoint same to be the issue for the trial of the cause," and also the words, "Find neither party entitled to expenses since said 12th July last," might be reviewed before His Majesty the King in his Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of the said Mrs. Jessie Prentice Jones or M'Ewan, and also upon the printed case of the said Sir Patrick Heron Watson, lodged in the said Original and Cross Appeals; and due consideration being had of what was offered on either side in these Appeals:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of...

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93 cases
  • Roy v Prior
    • United Kingdom
    • House of Lords
    • 7 July 1970
    ...evidence in a court even if the evidence is falsely and maliciously given (see Dawkins v. Lord Rokeby L.R. 8 Q.B. 255, Watson v. M'Ewan [1905] A.C. 480). If a witness gives false evidence he may be prosecuted if the crime of perjury has been committed but a civil action for damages in respe......
  • Jones v Kaney
    • United Kingdom
    • Supreme Court
    • 30 March 2011
    ...witness immunity should extend to protect the expert witness against a claim by his own client. 19 The Scottish case of Watson v M'Ewan [1905] AC 480 was a case where a claim was brought against a medical witness in respect of statements made in preparation of a witness statement and simila......
  • Lincoln v Daniels
    • United Kingdom
    • Court of Appeal
    • 17 July 1961
    ...the proceedings. The third category is the most difficult of the three to define. It is based on the authority of Watson v. McEwan (1905) A.C. 480, in which the House of Lords held that the privilege attaching to evidence which a witness gave coramJudice extended to the precondition or proo......
  • Marrinan v Vibart
    • United Kingdom
    • Court of Appeal
    • 25 July 1962
    ...... no action lies against witnesses in respect of evidence prepared ( Watson v. Ewan), given, adduced or procured by them in the course of legal ......
  • Request a trial to view additional results
4 books & journal articles
  • Subject Index
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 12-4, November 2008
    • 1 November 2008
    ...[2007]HCA 48. . . . . . . . . . . . . . . . . . . . . . . . . . . 55, 165Watson vDPP [2006] EWHC3429 (Admin) . . 278,293Watson vMcEwen [1905] AC480 . . . . . . . . . . . 101Waugh vKippen (1986) 160CLR 156 . . . . . . . . 137Weiss vR [2005] HCA81 . . . . . . . . . . . . . . . . . . . 163West......
  • Subject Index
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 15-4, October 2011
    • 1 October 2011
    ...283. . . . . . 14Warren v Attorney-General of Jersey [2011]UKPC 10. . . . . . . . . . . . . . . . . . . . . . . . . 268–271Watson vM’Ewan [1905] AC480 . . . . . . . . . . . 260Whalen vRoe 429 US589 (1977). . . . . . . . . . . . 291Wi vR [2010] 2NZLR 11 . . . . . . . . . . . . . . . . . . . ......
  • Legal Remedies for the Negligent Expert
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 12-2, April 2008
    • 1 April 2008
    ...may also be a civil offence, e.g. for failure to attend court orfailure to comply with a court order.33 For example, Watson vMcEwen [1905] AC 480 at 482, Lord Halbury LC: ‘By complete authority,including the authority of this House [see Dawkins vLord Rokeby (1875) LR 7 HL 744] it has beende......
  • Case Commentaries
    • United Kingdom
    • International Journal of Evidence & Proof, The Nbr. 15-3, July 2011
    • 1 July 2011
    ...which they (unlike the majority) claimed had been confirmed for all forms of civil action by the House of Lords in Watson v M’Ewan [1905] AC 480, a Scottish action for slander and breach confidence. They were not satisfied that the best policy was abolition. Lord Hope said that protection f......

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