Specific implement and interim specific implement in Scottish civil litigation


Produced in partnership with Jim Cormack of Pinsent Masons
Practice notes
Scottish Law

Specific implement and interim specific implement in Scottish civil litigation


Produced in partnership with Jim Cormack of Pinsent Masons

Practice notes
Scottish Law
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This Practice Note considers the position on final orders for specific implement and interim orders for specific implement in Scotland. For guidance on:

  1. •

    some other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation

  2. •

    key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview, Scottish DR: case management and evidence—overview, Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview, and Scottish DR: settlement and ADR—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland.

  3. •

    other key areas of Scottish law and procedure, see our Scotland toolkit, and

  4. •

    the closest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes

Key:

  1. •

    CR(S)A 2014—Courts Reform (Scotland) Act 2014

  2. •

    LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940

Specific implement—nature and scope

Specific implement is a remedy granted by the court to compel

Jim Cormack
Jim Cormack

Pinsent Masons

Jim is a Solicitor Advocate with rights of audience in all civil and criminal courts in Scotland and in England & Wales, and is lead partner on Pinsent Mason's advocacy programme. He has extensive experience as an advocate before courts and in other types of dispute resolution. His recent advocacy work includes success in a trial before the Commercial Court of the High Court in London and success in a case heard before the General Court of the European Union. Jim also has a particular interest in alternative dispute resolution, being a member of the Chartered Institute of Arbitrators and an accredited mediator. Jim works in a wide range of areas, with a particular focus on commercial contract, banking and finance, and intellectual property disputes, along with media and technology regulation. Jim is recommended in the Legal 500 and is a Band 1 Ranked Lawyer in Chambers & Partners, where he is described as 'enormously pragmatic; nothing fazes him. He's a very calm presence in stressful situations and as 'one of Scotland's financial litigation big hitters.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Specific implement definition
What does Specific implement mean?

A court order requiring a positive act of performance as a remedy.

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