Inverurie Town Council v Sorrie [1955] ScotCS CSIH_7 (21 December 1955)
A permanent interdict cannot be granted solely on the basis of a defender's assertion of a right in legal pleadings; there must be evidence of actual or threatened trespass or illegal actings. The pursuers failed to prove any such threat or past wrongdoing by the first defender, and thus the interdict was not justified.
- Citation
- [1955] ScotCS CSIH_7
- Parties
- Pursuer: Inverurie Magistrates; First Defender: Sorrie
- Jurisdiction
- Scotland
- Judgment Date
- 21 December 1955
- Procedural Posture
- Civil Appeal / Appeal From Sheriff Substitute's Interlocutor Granting Interdict
- Outcome
- appeal allowed
- Legal Topics
- Interdict, Trespass, Proprietary Rights, Apprehension of Wrong, Assertion of Right
Case Brief
Summary, issues, holding and outcome
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Parties
Inverurie Magistrates
Pursuer
Sorrie
First Defender
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Interlocutor Granting Interdict
Legal Issues
- 1 Whether the assertion of a right, without evidence of actual or threatened trespass, justifies the grant of a permanent interdict against the defender.
Ratio Decidendi
A permanent interdict cannot be granted solely on the basis of a defender's assertion of a right in legal pleadings; there must be evidence of actual or threatened trespass or illegal actings. The pursuers failed to prove any such threat or past wrongdoing by the first defender, and thus the interdict was not justified.
Court Disposition
appeal allowed
Orders
- interlocutor granting interdict against the first defender recalled
- crave for interdict against the first defender refused
Full Case Text
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