In the course of an industrial dispute between the crew of a vessel and its owners, the crew occupied the vessel and refused to move. The owners sought interdict and interim interdict against the crew from ‘continuing in occupation and possession of, and remaining on board and trespassing on the motor vessel Bulk Trader presently lying at Leith or any deck or any compartment thereof’. Compliance with an interdict in those terms would obviously require the crew to take the positive step of removing themselves from the ship. Interim interdict was granted by the Second Division, although the competency of the order was not argued. An interdict is available ‘if there is an unlawful act or proceeding threatened or still taking place and not yet completed’. If an act or proceeding is ‘continuing’, or ‘still taking place’, it must obviously have been completed to some extent, in that a wrong has already been done to the pursuer.
Judges:
Lord Clyde
Citations:
1983 SLT 388
Cited by:
Cited – Hampden Park Limited v Frank Dow and Stephen Conley and Hampden Cars Limited and Mount Florida Cars Limited ScHC 3-Sep-2001
The case related to the disputed status of rights of way to the national football stadium in Scotland, over land adjoining the stadium. The stadium owners claimed that rights of way over the land had been used for more than twenty years. The land . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Scotland
Updated: 29 April 2022; Ref: scu.183210
