Specific implement and interim specific implement in Scottish civil litigation
Produced in partnership with Jim Cormack of Pinsent Masons
Specific implement and interim specific implement 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:

  • Specific implement and interim specific implement in Scottish civil litigation
  • Specific implement—nature and scope
  • Interim order for specific implement—nature and scope
  • Court’s discretion to order specific implement
  • Specific implement decree sought must be precise
  • Performance of specific implement should not be of a highly personal nature
  • Enforcement of specific implement should not cause exceptional hardship or injustice
  • Specific implement not appropriate where equivalent performance of the obligation is available
  • Specific implement inappropriate where performance of the obligation is impossible
  • Specific implement inappropriate where enforcement impossible
  • More...

This Practice Note considers the position on final orders for specific implement and interim orders for specific implement 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 Interdict and interim interdict in Scottish civil litigation

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

  3. the closest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes

Key:

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

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

Specific implement—nature and scope

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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