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Interdict – Wrongful interdict– Damages. Court of Session: In an action in which a landlord sought damages in respect of losses caused by wrongful interdict, a sheriff having granted interim interdict against him from encroaching on premises leased to the defender but subsequently recalled the interim interdict and ordered rectification of the relevant lease and land register, holding that they erroneously showed both a shop and yard as leased to defender whereas the correct position was a lease of the shop alone, the court allowed a reclaiming motion against the Lord Ordinary's interlocutor dismissing the action, holding that the defender acted at her own risk and was liable to the pursuer for any loss caused by her unjustified use of interdict.
Interdict – Wrongful interdict– Damages. Court of Session: In an action in which a landlord sought damages in respect of losses caused by wrongful interdict, a sheriff having granted interim interdict against him from encroaching on premises leased to the defender but subsequently recalled the interim interdict and ordered rectification of the relevant lease and land register, holding that they erroneously showed both a shop and yard as leased to defender whereas the correct position was a lease of the shop alone, the court allowed a reclaiming motion against the Lord Ordinary's interlocutor dismissing the action, holding that the defender acted at her own risk and was liable to the pursuer for any loss caused by her unjustified use of interdict.
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