The Perilous Plight of Wrongful Interdicts in Scotland - A Bite-Sized Guide

Introduction

In litigation, especially disputes with an element of time sensitivity, it is very common for a Pursuer to seek interim interdicts to either preserve the status quo or to prevent some impending event from taking place.

Unfortunately, on occasion, interim interdicts can be used as a strategic method to put pressure on a Defender to settle on terms favourable to the pursuer in instances where interdict may not, in fact, be warranted.

The remedy in such instances is to pursue damages for wrongful interdict. Questions arise such as where does the burden of proof lie and, critically, how is prescription calculated in such cases?

Aimed at litigators in Scotland, this webinar will consider these issues against the backdrop of the Court of Session case in Martin McGowan v Springfield Properties PLC.

What You Will Learn

This short webinar will cover the following:

• What is wrongful interdict?
• What types of loss are recoverable?
• Where does the burden of proof lie?
• What is the appropriate calculation of the prescriptive period in such cases?

This webinar was recorded on 17th July 2023