Legal Definitions - exhibition

In Scots law, an exhibition is a specific type of legal action where one party asks a court to order another party to produce or deliver certain documents. This action is used to compel the disclosure of relevant papers or records that are necessary for a legal case or to establish a right.

Here are some examples to illustrate this concept:

• Property Boundary Dispute: Imagine two neighbors in Scotland are in a dispute over the exact boundary line between their properties. One neighbor believes the other has encroached on their land by building a new fence. The first neighbor might initiate an action of exhibition to compel the second neighbor to produce historical title deeds, original survey plans, or any other relevant documents that could clarify the precise boundary lines. The court would then order the production of these documents to help resolve the dispute, as they are crucial evidence for determining the legal property limits.

• Inheritance and Estate Matters: Consider a situation where a person has passed away, and a family member believes that the executor of the estate (the person responsible for managing the deceased's assets) has not fully disclosed all assets or is mismanaging the inheritance. The family member could raise an action of exhibition to force the executor to produce all financial records, bank statements, investment portfolios, and any previous versions of the will. This allows the family member to review the documents and determine if the estate has been properly administered and if all assets have been accounted for.

• Business Contract Litigation: Suppose two Scottish companies have a dispute over a complex supply contract. One company claims the other failed to meet specific delivery deadlines and quality standards for a large order, leading to significant financial losses. The aggrieved company might use an action of exhibition to compel the other company to produce internal communications, production logs, quality control reports, and shipping manifests related to the contract. These documents would be crucial evidence to prove whether the terms of the contract were breached and to quantify the damages suffered.