Aird Geomatics Ltd & Ors v Stevenson & Anor [2015] ScotCS CSOH_167 (10 December 2015)

Aird Geomatics Ltd & Ors v Stevenson & Anor [2015] ScotCS CSOH_167 (10 December 2015)

The court held that the wrongful obtaining of the interim interdict caused the first defender loss, including stress, anxiety, inconvenience, and minor reputational harm. The but for test was satisfied, and the first defender's evidence was accepted as credible and reliable. The court awarded a global sum of £8,000 for these heads of damage, plus interest of £730, as realistic compensation for the wrong suffered.

Citation
[2015] ScotCS CSOH_167
Parties
Pursuers: Aird Geomatics Limited and Others; Defenders: Richard Stevenson and Another
Jurisdiction
Scotland
Judgment Date
10 December 2015
Procedural Posture
Civil (reparation/delict) / Judgment After Proof Before Answer on Counterclaim for Damages Following Recall of Interim Interdict
Outcome
Judgment for the first defender on the counterclaim for damages for wrongful interim interdict.
Legal Topics
Wrongful Interim Interdict, Damages for Stress, Anxiety, Inconvenience, And Reputational Harm, Causation of Loss, Assessment of Damages
Civil Procedure Employment Law Delict (tort) Wrongful Interim Interdict Damages for Stress, Anxiety, Inconvenience, and Reputational Harm Causation of Loss Assessment of Damages

Case Brief

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Parties

Aird Geomatics Limited and Others

Pursuers

Richard Stevenson and Another

Defenders

Procedural Posture

Civil (reparation/delict) / Judgment After Proof Before Answer on Counterclaim for Damages Following Recall of Interim Interdict

Legal Issues

  1. 1 Whether the wrongful obtaining of an interim interdict caused loss to the first defender
  2. 2 Whether the first defender is entitled to damages for stress, anxiety, inconvenience, and reputational harm
  3. 3 Assessment and quantification of damages

Ratio Decidendi

The court held that the wrongful obtaining of the interim interdict caused the first defender loss, including stress, anxiety, inconvenience, and minor reputational harm. The but for test was satisfied, and the first defender's evidence was accepted as credible and reliable. The court awarded a global sum of £8,000 for these heads of damage, plus interest of £730, as realistic compensation for the wrong suffered.

Court Disposition

Judgment for the first defender on the counterclaim for damages for wrongful interim interdict.

Orders

  • Award of £8,730 (inclusive of interest to date) to the first defender.
  • Decision on expenses reserved.