Interdicts_in_Scots_law

Interdicts in Scots law

Interdicts in Scots law

Concept in Scots law

In Scots law, an interdict is a court order to stop someone from breaching someone else's rights.[1] They can be issued by the Court of Session or a Sheriff Court. The equivalent term in England is an injunction. A temporary interdict is called an interim interdict.[2] A court will grant an interim interdict if there is a prima facie case and on the balance of convenience the remedy should be granted.[3] Breaching an interdict can result in a fine or imprisonment.[4]

See also

References

  1. [1]
    Campbell, Kenneth (29 July 2015). "Interdicts and Exposure". DWF. Retrieved 17 May 2016.
  2. [2]
    Hennessy, Charles (2014). Civil Procedure & Practice (4th ed.). W. Green. p. 185.
  3. [3]
    MacQueen, Hector (2007). Contract Law in Scotland (2nd ed.). Tottel Publishing. p. 223.
  4. [4]
    Breakey, Leon (9 January 2015). "Breach of interdict – a cautionary tale". MacRoberts LLP. Retrieved 17 May 2016.


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