Interim interdicts: The fast-acting legal remedy against business threats

In a fast-paced commercial environment, threats to your business can arise without warning. Whether it’s a competitor gaining access to confidential information, a supplier breaching exclusivity, or an individual attempting to disrupt your operations, the damage can be swift and severe.

At times like these, taking immediate legal action can make the difference between safeguarding your position and suffering lasting harm. One of the most effective remedies available in Scotland is the interim interdict.

What is an interim interdict?

An interim interdict is a temporary court order designed to prevent a specific act from taking place until the court has time to fully hear the dispute. Because it can be granted urgently, sometimes within hours, it provides businesses with a powerful tool to stop harm before it occurs-or prevent further damage where the risk is ongoing.

When might your business need an interim interdict?

Interim interdicts have wide application in commercial settings. Examples include:

• Protecting confidential information: Stopping the disclosure or misuse of sensitive data by a competitor, ex-employee, or contractor.
• Enforcing restrictive covenants: Preventing poaching of key staff or clients in breach of contractual or fiduciary duties.
• Safeguarding physical assets: Stopping unauthorised access to property, equipment, or other critical infrastructure.
• Preventing breach of contract: Halting unlawful action by suppliers or partners threatening exclusivity or non-compete obligations.
• Protecting reputation: Blocking the publication of false or damaging statements that could harm goodwill.
• Halting disruption: Putting a stop to trespass, intellectual property infringement, or any activity causing immediate commercial harm.

Why act quickly?

• Speed is critical: Courts can grant interim interdicts on an urgent basis, often without the other party present.
• Preserve the status quo: The order prevents harm while the dispute is resolved.
• Demonstrate resolve: Seeking court intervention sends a clear message that your business will act decisively to protect its interests.
• Minimise damage: By moving swiftly, you can avoid the need for complex and costly litigation later.

If your business faces an immediate threat, time is of the essence. An interim interdict can be the decisive step in stopping harm and preserving your commercial position.

Why choose Anderson Strathern?

Obtaining an interim interdict requires gathering evidence quickly, assessing the legal merits, and presenting the application effectively to the court. Our team is experienced in acting at short notice to protect our clients’ commercial interests. We will work with you to prepare the strongest possible case and, if necessary, appear in court urgently to secure the order.

We are here to help

If you have any queries relating to an interim interdict in Scotland, our Commercial Litigation team has considerable experience and is very well placed to assist. Please contact us here or email Gillian.Murray@andersonstrathern.co.uk if you have any questions on this topic.