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Action of specific implement meaning

What does Action of specific implement mean?
In Scots law, an action of specific implement is a court claim seeking an order (a decree of specific implement) compelling a party to perform a particular obligation, typically under a contract—for example to deliver property, transfer title, or carry out agreed works. It is a descriptive, case law-based remedy developed by the Court of Session and sheriff courts rather than defined by statute. Key features include its focus on enforcing performance rather than awarding damages. Unlike England & Wales, Northern Ireland and Ireland—where the analogous remedy is the equitable and discretionary remedy of specific performance—Scotland has no formal division between law and equity and treats specific implement as a primary remedy. The court nonetheless retains discretion and may refuse where performance is impossible, would require constant supervision, would cause undue hardship, mutuality is lacking, or damages are an adequate remedy. Practically, it is often used in commercial and property transactions and supply or services contracts where actual performance is critical. Non-compliance with a decree of specific implement is a breach of a court order and may attract sanctions. Usage is specific to Scotland; in the other UK and Irish jurisdictions, the term used is “specific performance”.
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NEWS
EU law weekly: competitiveness compass; competition and state aid; GDPR; financial services reforms; Net Zero Industry Act; insurance; life sciences; AI; trade defence, 30 January 2025

In this issue: Key EU developments Competition and state aid Data protection and cybersecurity Financial services Environment Insurance and reinsurance Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Key EU developments EU introduces competitiveness compass The European Commission has unveiled the competitiveness compass, a strategic blueprint to steer its programme over the next five years, setting out priority measures to bolster Europe’s competitiveness. It marks the first flagship move of this Commission’s mandate. The compass draws on the recommendations in the Draghi report, ‘The future of European competitiveness’, issued in September 2024 (see: LNB News 10/09/2024 44). The ambition is to secure Europe’s leadership in designing, producing and commercialising next-generation technologies, services and clean products, while progressing towards climate neutrality. Although productivity growth has trailed that of other major economies for two decades, the EU retains the ingredients to turn the tide — a...

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NEWS
Disney and Universal file US federal case in California against Midjourney for direct and secondary AI copyright infringement; seek injunction and profits/statutory damages

The pair of entertainment powerhouses told the court they had directed Midjourney Inc to cease exploiting their intellectual property, yet the firm allegedly disregarded letters and outreach. Rather than comply, Midjourney is said to have escalated its unlawful behaviour and even hinted at a forthcoming AI video product, according to Disney and Universal. The complaint asserts that the plaintiffs asked Midjourney to halt infringement of their copyright-protected works and, at minimum, to implement technical safeguards—like those used by other AI platforms—to stop generating infringing content. But Midjourney, which has drawn millions of subscribers and reportedly took in US$300m last year, is portrayed as prioritising profit and ignoring the plaintiffs’ requests. Based in San Francisco, Midjourney charges users for access to its website and image tool, which the filing says was developed using copyright-protected material, including those owned by Disney, Universal and their subsidiaries. The service allegedly functions by reproducing and supplying users with infringing copies and derivatives of those works. For instance, if a Midjourney subscriber enters a...

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NEWS
High Court of England and Wales permits performers’ representative action; strikes out US unions’ standing in Francovich claim over failure to implement equitable remuneration rights for rebroadcast

The Secretary of State for Science, Innovation and Technology was ultimately still unable to convince High Court Judge Jonathan Richards to bar the performers—Mark Harper, Milo Deering, Kudisan Kai and Antonio Sol—from serving as representative claimants. He did, however, also agree to prevent two US entertainment unions from bringing proceedings on their members’ behalf. Judge Richards firmly dismissed the government’s contention that the proposed representatives may lack the 'same interest' as the class they seek to represent—a prerequisite under the UK Civil Procedure Rules. He further found there was 'no objectionable lack of clarity' in how the class was defined. The government did establish that, at present, there is 'no proposal' for calculating each individual performer’s loss if the musicians succeed. Even so, Judge Richards chose to allow the claimants a genuine opportunity to grapple with those complexities...

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View the related Practice Notes about Action of specific implement

PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

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PRACTICE NOTES
Formulating, Implementing and Reviewing an Office Health and Safety Plan: Policy, Risk Assessment, Consultation, Objectives, Resourcing, Training and Governance

Putting a carefully designed and accessible health and safety framework in place helps an organisation oversee these matters effectively and efficiently. An organisation should therefore: set out its core principles and aims for protecting the health and safety of its key stakeholders, ie what it intends to achieve (see subtopic: Health and safety policy) identify key members of staff and obtain their input carry out a risk assessment (see Practice Note: How to conduct a health and safety risk assessment) develop an action plan explaining what the organisation needs and why implement the plan, and review the plan This Practice Note explains how to design, implement and review a plan to manage health and safety, and control related risks in an office-based workplace. Other industry/workplace-specific issues may arise in different working environments. For details of regulatory requirements relevant to health and safety assessment and planning, see Practice Note: Health and safety assessment and planning—regulatory requirements. Why have a...

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PRACTICE NOTES
Landlord and tenant remedies in Scotland: interdict, specific implement, payment and damages actions, rescission, retention, irritancy, hypothec and recovery of heritable property

Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring....

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