Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Specific implement definition

What does Specific implement mean? Specific implement is a Scottish court order compelling a party to carry out a specific, positive obligation, rather than merely paying damages. It is a well‑established Scots law remedy (developed in case law, not defined by statute) used to secure actual performance in contract, property and public law—for example, delivering heritable property or goods, executing a deed, operating a “keep open” covenant, or complying with a statutory duty. Key features include: a focus on exact performance of a clear and precise obligation; the court’s readiness to order implement where performance is practicable and the pursuer observes mutual obligations; and refusal where...

Specific implement in Scottish civil litigation: final and interim orders, judicial discretion, refusal grounds, precision, impossibility, alternative remedies, and enforcement including contempt

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Practice notes

This Practice Note reviews the position on final orders of Specific implement and interim orders of specific implement in Scotland.

For guidance on:

other forms of relief in Scottish civil litigation, see Practice Notes: Retention and Rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation
the nearest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes

Key

CR(S)A 2014—Courts Reform (Scotland) Act 2014
LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

Specific implement—nature and scope

Specific implement is a remedy by which the court orders a party to perform a non‑monetary obligation (White and Carter (Councils) v McGregor and AMA (New Town) Ltd v Law). It is the proper remedy when performance of a positive act other than paying money is required, for example delivery of goods or the provision of services. Under Scots law, and save as against the Crown, specific implement is in general available to a creditor in respect of a non‑monetary obligation as a matter of right in appropriate cases, subject to a residual discretion lodged in the court to refuse the remedy in exceptional circumstances where injustice...

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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

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