Murdoch v Murdoch, 1973 S.L.T.(Notes) 13
Citation: Murdoch v Murdoch, 1973 S.L.T.(Notes) 13
Rule of thumb: When can you get a restraining order against someone & what is a restraining order basically like? The test for a restraining order is ‘fear, alarm or distress’, and it has to be extremely specific & precise in order to be valid.
Judgment:
The Court stated that the test was whether the conduct would put the person in fear, alarm or distress, "conduct on the part of the defender which will put her at risk or in fear, alarm or distress", Where the remedy of injunctive relief is granted by the Courts it has to be drafted as specifically and narrowly as possible, "in all cases…where interdict is granted by the court the terms of the interdict must be no wider than are necessary to curb the illegal actings complained of, and so precise and clear that the person interdicted is left in no doubt what he is forbidden to do". Lord President
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.