Home Drummond and Others v. M'Lachlan [1907] ScotLR 15 (18 October 1907)

Interim interdict granted on 18th August 1902 subsisted at the time of breach and was not recalled by lodging answers or defences; defender breached subsisting interim interdict.

Citation: [1907] ScotLR 15
Parties: Pursuer: Lieutenant-Colonel Home Drummond of Blairdrummond and others; Defender: Henry M'Lachlan, fisherman, Alloa
Jurisdiction: Scotland
Judgment Date: 18 October 1907
Procedural Posture: Appeal / Final Judgment
Outcome: appeal sustained; interlocutor appealed against recalled; reverted to Sheriff-Substitute's interlocutor
Legal Topics: Interdict, Interim Interdict, Subsistence of Interim Interdict, Breach of Interdict, Sheriff Court Procedure

Civil Procedure Contempt of Court Interdict Interim Interdict Subsistence of Interim Interdict Breach of Interdict Sheriff Court Procedure

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Parties

Lieutenant-Colonel Home Drummond of Blairdrummond and others

Pursuer

Henry M'Lachlan, fisherman, Alloa

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether interim interdict subsisted after process fell asleep
2 Whether lodging of defences or answers recalled interim interdict
3 Whether defender breached subsisting interim interdict

Ratio Decidendi

Interim interdict granted on 18th August 1902 subsisted at the time of breach and was not recalled by lodging answers or defences; defender breached subsisting interim interdict.

Court Disposition

appeal sustained; interlocutor appealed against recalled; reverted to Sheriff-Substitute's interlocutor

Orders

Found defender breached interim interdict of 18th August 1902
Remitted to Sheriff to fine defender and proceed as accords