Session Cases At 200: Lord Kinclaven makes the case for Donoghue v Stevenson
A snail in a bottle that was no storm in a teacup, Lord Kinclaven encourages readers to declare Donoghue v Stevenson the greatest entry in Session Cases as we celebrate 200 years of those venerable law reports.
The legal significance of the decision in Donoghue v Stevenson, 1932 SC(HL) 31, is beyond compare. I will not rehearse its significance to the development of consumer law. It continues to be cited and loved by lawyers, academics and students throughout the common law world. That much, I believe, can be taken as read.
There have already been two international conferences in Paisley devoted to the case and they both attracted attendees from around the globe. The books, articles and cases dealing with Donoghue v Stevenson are simply too numerous to specify.
However, in addition to global legal importance, “The Paisley Snail” case also has the following unique features which serve to set it apart from all other cases:
- It is the case which is given the most prominence on the Scottish Council of Law Reporting’s (SCLR) website and it is featured in detail in their associated educational materials and videos.
- I believe it to be the only case to have a statue of the pursuer – and a commemorative plaque – erected at the locus. The locus being The Wellmeadow in Paisley.
- It is also, I believe, the only case to have had a pipe tune named after it. The Paisley Snail pipe tune was composed by a Canadian piper in honour of Martin Taylor QC. It was a gift from The Paisley Irregulars of Vancouver – a group of lawyers who are devoted to the case. They also helped to produce a film about the case and have been working on an opera. Martin’s contributions feature on the SCLR website too.
- The case also caught the imagination of a renowned Scottish artist, David Michie OBE, RSA. A copy of David’s painting entitled “Hail to the Snail” appears here. A fitting tribute to a great case.
In short, the clear winner of the poll should be Donoghue v Stevenson.
A F Wylie, Lord Kinclaven is a Senator of the College of Justice and a former vice chairman of the SCLR.