Interdict Solicitors Glasgow, Edinburgh, East Kilbride
What is an Interim Interdict and how can it help me?
An interdict, the English law and Welsh equivalent of an injunction, is a court order issued after careful study that prohibits a wrong or a predicted wrong. However, what if you require an instant order and cannot wait for the outcome of a court proceeding? Interim interdicts are used in this situation. An interim interdict is a restraining order that prohibits a person, company, or organisation from taking a particular action or series of actions.
Once obtained, the interim interdict will stay in effect until the court recalls it during or at the conclusion of the court proceeding. It may be replaced by a permanent interdict depending on the outcome of the case. Interim interdicts can be critical for businesses if significant damage is likely to occur while awaiting the court's ultimate judgement. A recent example of an interim interdict being sought and granted successfully, an action brought to the Court of Session by William Grant & Sons against Lidl, in which an interim interdict was granted prohibiting Lidl from selling their own brand gin throughout the UK in bottles that the pursuer contended infringed their trademark. The court, in rejecting an appeal, confirmed that a temporary interdict issued in Scotland may give protection throughout the United Kingdom.
How do I get an Interim Interdict in Scotland?
Interim injunctions may be requested in either the Court of Session or the Sheriff Court. It may be sought at any time before to the final decision, even before the writ or summons beginning the case is served. Interim interdict orders must be explicit and unambiguous, so that all parties understand precisely what is being sought to be prevented, and they must be no broader than necessary to prevent the expected injustice. It may only be used to halt future acts or present acts and cannot be used to compel someone to 'act or do' something. Unlike in England, a party seeking to force someone to execute a positive act or performance may seek an order of interim specific implementation in Scotland. For additional information on when an interim particular implement, rather than an interim interdict, should be sought.
What will the court consider before granting an Interim Interdict?
In Scots law the court will consider the following two-stage legal criteria when determining whether or not to exercise its discretion and award an interim interdict :
1. Is there a prima facie case?
The pursuer must prove that they have a prima facie case (i.e. one which has a proper legal foundation and possible prospect of success).
2. Balance of convenience
Additionally, the pursuer must demonstrate that the inconvenience of not getting the interim interdict surpasses the inconvenience to the defender in obtaining the interim interdict. This will entail assessing numerous aspects, including whether the recognised 'wrong' is redressable through monetary damages and the financial impact of the interim interdict on each party.
How do I defend myself against an Interim Interdict court action?
As previously stated, an interim interdict can be obtained without the defender being notified in advance. This problem, however, can be avoided if a caveat is filed with the appropriate court. A caveat serves as an early warning system, requiring the court to notify the solicitor representing the defender of an application for an interim interdict, allowing the solicitor to contact their client and attend the hearing to evaluate whether the interim interdict should be granted.
Interim Interdict FAQ's
How long does it take to get an Interim interdict in Scotland?
It can take between 24 and 48 hours to get an interdict in Scotland. In an emergency, you may petition the court for a temporary interim restraining order, which your solicitor should obtain within 24 to 48 hours.
What is an Interim Interdict on a property?
An attachment interdict occurs when the property has been judicially attached by a creditor of the property, such as when the property owner owes money to a bank or creditor and must pay the money before the property can be transferred.
In Scotland, what constitutes harassment?
Harassment is any unwanted behaviour by one person that causes another person grief or alarm. Harassment may take the form of threatening behaviour and may result in an environment that is frightening, hostile, demeaning, or offensive to you. If a co-worker asks someone out on a date once, this is not considered harassment. When one side expresses disinterest, frequent requests for dates would be viewed as harassment.
Contact our family law expert - Interdict Solicitor Glasgow
Emma King leads the Family Law team at Clarity. Emma is one of the three highest rated Family Law Solicitors in Glasgow, so when you instruct our team, you can have the confidence your matter is in the most capable hands.
Emma has extensive experience supporting families through the most delicate and challenging legal issues, including Divorce, Child Contact & Custody and Financial Separation. She takes pride in helping to make these difficult situations more manageable for her clients, so they can focus on the future. Emma and the Family Law team are recognised for their straightforward, practical and friendly approach. They will work closely with you to find the best solution for you and your family - within your budget and timeframe.
Emma is a member of the Family Law Association and is qualified to practice collaborative family law, assisting former partners to resolve their disputes out of court.
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