John Macdonald Ltd v. Lord Blythswood [1914] ScotLR 836 (16 July 1914)

John Macdonald Ltd v. Lord Blythswood [1914] ScotLR 836 (16 July 1914)

Damages for wrongful use of interdict are not recoverable unless the pursuer can show that the interdict invaded a legal right. As the pursuers had no legal right to the land from which they were interdicted, no civil wrong was done to them and their claim for damages fails.

Citation
[1914] ScotLR 836
Parties
Pursuer: John Macdonald Limited; Defender: Lord Blythswood
Jurisdiction
Scotland
Judgment Date
16 July 1914
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Allowance of Proof Before Answer
Outcome
action dismissed as irrelevant
Legal Topics
Wrongful Use of Interdict, Damages, Title to Sue, Reparation, Interdict, Statutory Tenancy
Civil Procedure Property Law Delict (tort) Wrongful Use of Interdict Damages Title to Sue Reparation Interdict +1 more

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Parties

John Macdonald Limited

Pursuer

Lord Blythswood

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether damages are recoverable for wrongful use of interdict where the pursuer had no legal right to the subject matter affected by the interdict.
  2. 2 Whether the pursuer suffered a civil wrong by being interdicted from land to which they had no title.

Ratio Decidendi

Damages for wrongful use of interdict are not recoverable unless the pursuer can show that the interdict invaded a legal right. As the pursuers had no legal right to the land from which they were interdicted, no civil wrong was done to them and their claim for damages fails.

Court Disposition

action dismissed as irrelevant

Orders

  • Interlocutor of the Lord Ordinary recalled.
  • Action dismissed as irrelevant.