The following Dispute Resolution practice note Produced in partnership with Jim Cormack of Pinsent Masons provides comprehensive and up to date legal information covering:
This Practice Note considers the position on final orders for specific implement and interim orders for specific implement in Scotland. For guidance on:
some other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation
other key areas of Scottish law and procedure, see our Scotland toolkit, and
the closest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes
CR(S)A 2014—Courts Reform (Scotland) Act 2014
LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940
Specific implement is a remedy granted by the court to compel a party to perform a non-monetary obligation (White and Carter (Councils) v McGregor and AMA (New Town) Ltd v Law).
It is the appropriate remedy when a positive act of performance other than the payment of money is sought, such as the delivery of goods or the rendering of services.
Under Scots law, and except against the Crown, specific implement is generally available to a creditor in relation to a non-monetary obligation as a matter of right in appropriate cases, ‘subject to a residual discretion vested in the court to refuse a remedy in exceptional circumstances where injustice would otherwise arise’ (William Beardmore & Co v Barry and Highland and Universal Properties Ltd v Safeway Properties Ltd).
In AMA (New Town)
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