What Is an Interdict in Scottish Law? 

If you are being harassed, threatened or otherwise subjected to harmful behaviour and you need legal protection, an interdict might be the answer. An interdict is a court order in Scots law which can stop a person from doing certain things. This article will look at how interdicts work in Scotland, when an interim interdict can be granted and what you can do to protect yourself and your family. 

What is an interdict under Scots law?

An interdict is a court order which prohibits someone from performing a wrongful act. Interdicts are commonly used in Scottish law in family law, neighbour disputes, property and domestic abuse cases.

An interdict is a court order that tells the defender not to carry out certain behaviour. For example, the court could grant an interdict to prevent an ex-partner from contacting you, or entering your home, or continuing threatening conduct.

Unlike injunctions in England, interdicts in Scotland follow a separate legal process under Scots law and may apply throughout Scotland.

What is an interim interdict?

An interim interdict is an order of the court made before the finalisation of the case. The purpose is to provide urgent protection while the case is ongoing.

The court may also grant an interim interdict on the quick if the pursuer shows there is a risk of wrongful conduct and of urgent protection. In some instances, the interim interdict may be granted in the absence of the defender.

SGT Law Firm is ready to help clients to act fast when they need protection or urgent legal advice.

When can the court grant an interdict?

The court will consider an interdict and will look at whether your rights may be affected and whether the defender’s conduct could infringe those rights.

An interdict can be obtained where there is domestic abuse, harassment, disputes about property or contractual obligations. The sheriff or the Court of Session has discretion to grant protection where necessary.

The court may also grant an interim interdict if delay could place someone at risk.

How does the legal process work?

Applications are typically created by way of initial writ in the Sheriff Court or by way of summons in the Court of Session. The pursuer has to show the need for protection and give evidence to support the claim. 

Depending on the circumstances, the case may begin in the Sheriff Court or the Court of Session. The defender may also lodge a caveat to receive notice before an interim order is made.

If you need help to initiate proceedings, our team at SGT Law Firm can guide you through every stage of the legal process. Call us on 0141 266 0652.

What happens if someone breaches an interdict?

Breaching an interdict can have very serious consequences. If there is a power of arrest attached, the police may arrest the defender without a warrant.

Where there is no power of arrest attached, breach may still amount to contempt of court. This can result in a fine, imprisonment, or other penalties imposed by the court.

In some domestic abuse cases, breach may also become a criminal offence that leads to prosecution.

Can a power of arrest be attached?

Where protection against violence, threats or harassment is required, the court may attach a power of arrest. This is prevalent in domestic abuse cases and non-harassment orders. 

A power of arrest attached means police officers and sheriff officers can act quickly if the terms of the interdict are broken.

This remedy is particularly important in family law matters involving matrimonial homes or a child’s safety.

What types of behaviour can an interdict prohibit?

An interdict must define the acts which the defendant is forbidden to do. The order may prohibit a person from contacting, approaching, stalking, harassing or entering certain places.

In matrimonial and exclusion cases, the order may prevent an ex-partner from entering the family home. In commercial disputes, a party may also seek specific implementation, a court order requiring someone to fulfil a contract obligation.

Can an interdict be challenged or recalled?

Yes. The defender has the right to oppose the application and argue that the order is unnecessary or wrongful.

An interdict is granted only after the court reviews the evidence and balances the interests of both parties. In some situations, the order may later be recalled by the court.

A caveat can also help protect someone from an interim interdict being granted without notice.

Are interdicts recognised outside Scotland?

Some Scottish interdicts may be recognised or enforced elsewhere in the UK, depending on the circumstances and the type of order granted. Even though injunctions in England and Wales differ from Scottish orders, the protections may still apply depending on jurisdiction.

This can be important where the defender travels between Scotland, England and Wales.

Why should you seek legal advice quickly?

Interdict cases tend to move quickly, especially where there is an immediate risk or ongoing harassment. Early legal advice can assist you in understanding your rights and collate evidence before the matter gets to court.

Our Scottish dispute resolution solicitors at SGT Law Firm can help you to make an application for an interim interdict, respond to allegations or protect your family from harm. We offer practical support and clear guidance every step of the way. To speak with our team, call 0141 266 0652 today.