Interdict and interim interdict in Scottish civil litigation
Produced in partnership with Jim Cormack of Pinsent Masons
Interdict and interim interdict in Scottish civil litigation

The following Dispute Resolution practice note Produced in partnership with Jim Cormack of Pinsent Masons provides comprehensive and up to date legal information covering:

  • Interdict and interim interdict in Scottish civil litigation
  • Interdict—nature and scope
  • Interim interdict—nature and scope
  • Court’s discretion to grant interdict
  • Bringing a competent claim for interdict
  • Jurisdiction
  • Bringing an action for interdict—craving
  • Seeking interdict—title and interest
  • Seeking interdict—need for precision
  • Damages for wrongful interdict
  • More...

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:

  1. some other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Specific implement and interim specific implement in Scottish civil litigation

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  3. other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. the closest equivalent procedure in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview and Search orders—overview which, as well as giving an overview of these different types of injunctions, link through to more detailed guidance on various aspects of such injunctions in England and Wales

Key:

  1. CCA 1981—Contempt of Court Act 1981

  2. CSA 1988—Court of Session Act 1988

  3. CR(S)A 2014—Courts Reform (Scotland) Act 2014

  4. LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

  5. SC(S)A 1907—Sheriff Courts (Scotland) Act 1907

Interdict—nature and scope

Interdict is a remedy granted by the court ‘against a wrong which is in the course of being committed or where there is reasonable ground for apprehending that a wrong is intended to be committed’ (Inverurie Magistrates v Sorrie).

Interdicts are personal in nature,

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