AIRD Geomatics Ltd & Ors v Stevenson & Anor [2015] ScotCS CSOH_57 (14 May 2015)

The recall of the interim interdict raises a conclusive presumption that it was wrongfully obtained, and the pursuers have no defence to the merits of the counterclaim; proof is restricted to quantum of damages.

Citation: [2015] ScotCS CSOH_57
Parties: Pursuers: Aird Geomatics Limited and Others; First Defender: Richard Stevenson; Second Defenders: Carney Contracts Limited
Jurisdiction: Scotland
Judgment Date: 14 May 2015
Procedural Posture: Civil / Summary Decree on Counterclaim After Abandonment of Principal Action
Outcome: Summary decree granted on merits of counterclaim; proof restricted to quantum of damages.
Legal Topics: Wrongful Interdict, Summary Decree, Damages for Interim Interdict, Recall of Interdict, Employment Contract Breach

Employment Law Civil Procedure Wrongful Interdict Summary Decree Damages for Interim Interdict Recall of Interdict Employment Contract Breach

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Aird Geomatics Limited and Others

Pursuers

Richard Stevenson

First Defender

Carney Contracts Limited

Second Defenders

Procedural Posture

Civil / Summary Decree on Counterclaim After Abandonment of Principal Action

Legal Issues

1 Whether recall of interim interdict is conclusive proof that it was wrongfully obtained
2 Whether pursuers have a defence to the merits of the counterclaim for damages for wrongful interdict

Ratio Decidendi

Court Disposition

Summary decree granted on merits of counterclaim; proof restricted to quantum of damages.

Orders

First defender's first plea-in-law in counterclaim sustained
Pursuers' first and second pleas repelled