The Governor and Company of the Bank of Scotland v. The "Nel"

In Admiralty Practice, Judicial Sales on (Updated )

This was an application to strike out the affidavit of claim of the Plaintiff on the grounds that proper production of documents had not been made or, in the alternative, an order for production. During the course of his reasons the Prothonotary noted that a cross examination on an affidavit is not as free ranging as an examination for discovery and is not to be used to obtain full production of documents.