Jim Cormack

This Practice Note sets out and examines the remedies of permanent interdict and interim interdict under Scots law. In doing so it considers a number of key concepts including: the nature and scope of final interdict and interim interdict; the Scottish courts’ jurisdiction and discretion to determine actions for interdict; what is required for a competent interdict claim including title and interest, craving interdict, the need for precision, etc; defences to interdict; damages for wrongful interdict; recalling interdicts; challenging the court’s decision to grant or refuse interdict whether final or interim; the ramifications of breaching an interdict; and judicial expenses in relation to interdict.

This Practice Note looks at the remedies of retention and rescission for breach of contract under Scots law. In doing so, it considers various key principles in relation to rescission and retention including their being ‘self-help’ remedies, the mutuality principle in retention, whether retention and/or rescission can only operate where there has been material breach (or whether a de minimis breach is sufficient for these purposes), the effect of rescinding a contract, the ultimatum principle in the context of rescission and, finally, offers practical guidance on how to rescind a contract.

This Practice Note sets out and examines the remedies of permanent specific implement and interim orders for specific implement under Scots law. In doing so it considers a number of key concepts including: the nature and scope of specific implement and interim specific implement; the Scottish courts’ jurisdiction and discretion to determine actions for specific implement; and the ramifications of breaching specific implement.