O'Donnell v. Murdoch McKenzie & Company Limited 1966 S.C. 58
Citation: O'Donnell v. Murdoch McKenzie & Company Limited 1966 S.C. 58
Link to case on WorldLII (HOL).
Link to case on WorldLII (CSIH).
Rule of thumb: If an objection to a fact or legal argument being made is late can it still be upheld? Generally, no – if an objection is late it should be overruled.
Judgment:
Where are facts are not based on the pleadings objections to these must be made timeously, ‘Most of these facts as they emerged in evidence must have come as a considerable surprise to anybody whose knowledge of the case was derived solely from the pleadings. I agree that, in view of the way the evidence came out, the defenders were placed in a difficult position, but, in the absence of timeous objection, I have come reluctantly to the conclusion that we must treat the evidence on these matters as competent evidence in the case’, Lord Justice Clerk Grant (at page 60)
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.