Legal Definitions - interlocutor

An interlocutor is a specific type of judicial order issued by a court in Scots law. Unlike a final judgment that concludes an entire legal case, an interlocutor is a decision made by a judge during the ongoing proceedings. It resolves a particular issue or aspect of the case, allowing the rest of the legal process to continue towards a final resolution.

Here are some examples to illustrate the concept of an interlocutor:

• Example 1: Discovery of Evidence

  Imagine a lawsuit where one company accuses another of breaching a contract. During the initial stages, the plaintiff company requests access to specific internal emails and financial documents from the defendant company. The defendant objects, arguing that these documents are irrelevant or highly confidential. The judge reviews the arguments and issues an interlocutor ordering the defendant to provide a redacted version of the financial documents to the plaintiff.

  How it illustrates the term: This order resolves a specific dispute about evidence (a "part of a case") but does not decide whether the contract was breached or what damages are owed. The case will continue, now with the newly disclosed evidence, moving towards a final judgment.

• Example 2: Amending Legal Pleadings

  Consider a personal injury claim where, after filing the initial lawsuit, the plaintiff discovers new medical information that suggests a more severe long-term injury than initially understood. The plaintiff's lawyer files a motion asking the court for permission to amend the original complaint to include these new details and potentially increase the requested compensation. The judge issues an interlocutor granting permission for the plaintiff to amend their complaint.

  How it illustrates the term: This decision allows a significant change to the legal documents (a "part of a case") but does not determine liability, fault, or the final amount of compensation. The case will proceed with the updated complaint, still needing a final resolution on the core issues.

• Example 3: Temporary Injunction

  In a dispute between two neighbors over a shared property line, one neighbor begins construction that the other believes encroaches on their land. The aggrieved neighbor files a lawsuit and, while the full case is pending, also asks the court for an immediate order to stop the construction temporarily. The judge reviews the urgency and evidence and issues an interlocutor granting a temporary injunction, halting the construction until the property line dispute can be fully heard and decided.

  How it illustrates the term: This order provides immediate, temporary relief on a specific issue (stopping construction) but does not definitively resolve the underlying property line dispute or determine who owns which part of the land. The main case will continue to a final hearing to settle those fundamental questions.