Wilson v. Gilchrist [1900] ScotLR 37_300 (17 January 1900)

Wilson v. Gilchrist [1900] ScotLR 37_300 (17 January 1900)

An interdict granted on condition of finding caution does not become operative unless and until caution is found. Since caution was never found in this case, the interdict never became effective, and the pursuer could not claim damages for voluntarily complying with a non-operative interdict.

Citation
[1900] ScotLR 37_300
Parties
Pursuer: William Thomas Wilson; Defender: James Gilchrist
Jurisdiction
Scotland
Judgment Date
17 January 1900
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal refused; action dismissed
Legal Topics
Interdict, Damages, Conditional Orders, Landlord and Tenant
Civil Procedure Property Law Interdict Damages Conditional Orders Landlord and Tenant

Case Brief

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Parties

William Thomas Wilson

Pursuer

James Gilchrist

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether an interdict granted on condition of finding caution is operative before caution is found
  2. 2 Whether damages can be claimed for loss allegedly caused by an interdict where caution was never found

Ratio Decidendi

An interdict granted on condition of finding caution does not become operative unless and until caution is found. Since caution was never found in this case, the interdict never became effective, and the pursuer could not claim damages for voluntarily complying with a non-operative interdict.

Court Disposition

appeal refused; action dismissed

Orders

  • Appeal refused
  • Action dismissed as irrelevant