HIGHLANDS AND ISLANDS ENTERPRISE AGAINST CS WIND UK LTD [2020] ScotCS CSIH_48 (18 August 2020)

HIGHLANDS AND ISLANDS ENTERPRISE AGAINST CS WIND UK LTD [2020] ScotCS CSIH_48 (18 August 2020)

The court found no error in the commercial judge's approach to balance of convenience or prima facie case, held that the pursuer's case was not so weak as to preclude interim interdict, and refused to interfere with the discretionary interim order at this stage.

Citation
[2020] ScotCS CSIH_48
Parties
Pursuer and Respondent: Highlands and Islands Enterprise; Defender and Reclaimer: CS Wind UK Limited
Jurisdiction
Scotland
Judgment Date
18 August 2020
Procedural Posture
Commercial Action / Appeal (reclaiming Motion) Against Interim Interdict
Outcome
Reclaiming motion refused
Legal Topics
Interim Interdict, Interpretation of Contractual Undertakings, Balance of Convenience, Appeal Procedure
Commercial Law Contract Law Interim Interdict Interpretation of Contractual Undertakings Balance of Convenience Appeal Procedure

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Parties

Highlands and Islands Enterprise

Pursuer and Respondent

CS Wind UK Limited

Defender and Reclaimer

Procedural Posture

Commercial Action / Appeal (reclaiming Motion) Against Interim Interdict

Legal Issues

  1. 1 Whether the interim interdict prohibiting removal of plant and equipment was properly granted
  2. 2 Proper interpretation of clause FOURTH 1(8) of the deed of undertaking
  3. 3 Whether the commercial judge misdirected himself by considering balance of convenience before prima facie case

Ratio Decidendi

The court found no error in the commercial judge's approach to balance of convenience or prima facie case, held that the pursuer's case was not so weak as to preclude interim interdict, and refused to interfere with the discretionary interim order at this stage.

Court Disposition

Reclaiming motion refused

Orders

  • Action remitted to the commercial roll for further procedure