Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Interdict definition

What does Interdict mean? An interdict is a Scots law court order requiring a person to stop specified conduct. In practice it is the Scottish equivalent of a prohibitory injunction. The Court of Session and sheriff courts may grant interim interdict (temporary relief, often urgently and sometimes without notice) and final, or perpetual, interdict. The applicant must show a prima facie case and that the balance of convenience supports the order. Breach of interdict is contempt of court, enforceable by fine or imprisonment. Interdicts are commonly used to restrain harassment, trespass, nuisance, misuse of confidential information, breach of confidence or restrictive covenants, passing off...

Interdict and Interim Interdict in Scotland: Scope, Tests, Competency and Jurisdiction, Drafting Precision, Wrongful Interdict Damages, Defences, Appeals, Contempt and Expenses

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines and summarises the position on Interdict and Interim interdict in Scotland.

For guidance on:

some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and Rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation
the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales

Key:

CCA 1981—Contempt of Court Act 1981
CSA 1988—Court of Session Act 1988
CR(S)A 2014—Courts Reform (Scotland) Act 2014
RCS—Rules of the Court of Session 1994
SCCR—Act of Sederunt (Sheriff Court Caveat Rules) 2006, SSI 2006/198
SC(S)A 1907—Sheriff Courts (Scotland) Act 1907

Interdict—nature and scope

An interdict is a court remedy granted to restrain a wrong that is being carried out, or where there are reasonable grounds to fear a wrong is intended (Inverurie Magistrates v Sorrie). Interdicts are personal in nature, aimed solely at the party who...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Jim Cormack

Pinsent Masons

Jim is a Solicitor Advocate with rights of audience in all civil and criminal courts in Scotland and in England & Wales, and is lead partner on Pinsent Mason's advocacy programme. He has extensive experience as an advocate before courts and in other types of dispute resolution. His recent advocacy work includes success in a trial before the Commercial Court of the High Court in London and success in a case heard before the General Court of the European Union. Jim also has a particular interest in alternative dispute resolution, being a member of the Chartered Institute of Arbitrators and an accredited mediator. Jim works in a wide range of areas, with a particular focus on commercial contract, banking and finance, and intellectual property disputes, along with media and technology regulation. Jim is recommended in the Legal 500 and is a Band 1 Ranked Lawyer in...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...