How Not To Get Caught Offside (Unless You Can Pay For A Super Injunction)

Against the background of ongoing media coverage regarding injunctions and super injunctions, it is easy to forget that preventative court remedies are not just available to celebrities or those in the public eye. Likewise, media outlets are not the only entities that can be prevented from operating in particular ways by such orders.

Interdict

In Scotland the equivalent of the English injunction is called an interdict. This is a court order that seeks to prevent unlawful injury to a claimant's rights before the harm is done. It can be sought either when a wrong is actually being committed, or when there are grounds for reasonable apprehension that a wrong is intended.

If the other party fails to comply with the terms of the interdict, they may be subjected to criminal penalties including imprisonment. Interdicts can be granted to prevent infringement both of private and public rights. The proceedings can be brought by an individual or company who has an interest