English court case documents

• Reference:GB 3002 GD014/3/1/1/7
• Dates of Creation:1960-1965
• Physical Description:
  1 file

• Scope and Content

  Legal documents from the court case that took place between 1960 and 1965 (Macaulay, (A.) (Tweeds) Ltd., & Ors. v. Independent Harris Tweed Producers Ltd., and Others). It began in the Chancery Division of the High Court of Justice, and involved a 'passing off' case brought under the Merchandise Marks Act by a group of island Harris Tweed producers ('Orb producers') against a number of producers selling items as Harris Tweed that did not conform to the official definition (Hepworths Ltd., IHTP Ltd., Argyllshire Weavers Ltd., A and J Macnaughton, Scottish Crofter-Weavers Ltd.).

  Documents are as follows:

  Two blank forms supporting the prosecution (undated)

  Draft Statement of Claim (02/08/1960)

  Summons ([Jul-Nov] 1960)

  Affidavits - Jeffrey James Rowley, Edwin Thomson Stevens, Blair Charles Macnaughton, George Chalmers, Thomas Broun Smith, Roy Alan Laidlaw (Sep-Oct 1960) - most of these individuals were directors of the five companies named as defendants in the action. Many of their statements attempt to argue that the case should be heard in Scotland.

  Judgement - two copies (01/02/1961) - Judgement by Mr Justice Cross that the case was correctly brought and should go ahead in the High Court. This Judgement was the catalyst for the mainland producers to bring a new action in the Court of Session in Scotland, before Lord Hunter, which became the more prominent case (1961-1964, see GD014/4).

  Request for further and better particulars of the Statement of Claim (20/10/1961)

  Further and better particulars of the Defence and Counterclaim of the Third, Fourth and Fifth Defendant Companies save under paragraph 23 of the said Counterclaim ([1962])

  Further and better particulars under paragraphs 21, 25 and 23 respectively of the respective Counterclaims of the First Defendant Company, the Second Defendant Company, and the Third, Fourth and Fifth Defendant Companies ([1962])

  Interrogatories on behalf of the Defendants for the examination of the above-named First, Second, Third, Fourth and Fifth Plaintiffs and the Sixth Defendant to the Counterclaim (1962)

  Answers of the Sixth Named Defendant Company by Counterclaim to Interrogatories for its examination by the Defendants (1962)

  Affidavit of further discovery of documents of the Plaintiffs and the Sixth Defendant by Counterclaim (1963)

  Order - copy (26/01/1965) - an order by Mr Justice Cross at the close of the case preventing the defendants (the mainland/IHTP producers) from selling or advertising cloth or garments that did not conform to the definition of Harris Tweed.