Damages For Wrongful Interdict? Considering Interim Interdict? Proceed At Your Peril!

The Inner House recently considered damages for wrongful interdict after interim interdict was granted based on deeds which were retrospectively amended.

Background

The original landlord only intended to lease a shop under a lease however, in error, the adjacent yard was included. S (the defender) subsequently became vested in the tenant's interest (in the knowledge of the difficulty in relation to the yard) and 'M' (the pursuer) later became the owner (and landlord). M then constructed a shop in the yard and the parties entered discussions as regards S leasing it. Both parties claimed they had a real right to possess the yard (and shop). In 2008, S was awarded interim interdict against M, prohibiting him from entering the yard and using the shop, on the basis that the lease and the land register showed that it formed part of S' demise.