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(FIRST) BRITISH ENERGY GENERATION (UK) LIMITED, and (SECOND) SSE ENERGY SUPPLY LIMITED
"In any cause in dependence before the Court, the Court may, on the motion of any party to the cause, make such order regarding the interim possession of any property to which the cause relates, or regarding the subject matter of the cause, as the Court may think fit."
The subsection is thus in two parts. An order may, in the discretion of the court, be made if it is (a) an order "regarding the interim possession of any property to which the cause relates", or (b) an order "regarding the subject matter of the cause". In this case SP seek to rely on both parts of the subsection.
"The words 'regarding the subject matter of the cause' are not attached to the preceding words 'the interim possession of any property', but form a separate branch of the provisions under which the court is empowered to make an order. 'The subject matter of the cause' is not restricted to a 'thing' but would cover the matters with which the cause is concerned."
Mr Currie also referred to Black Arrow Group plc v Park 1990 SLT 254, which was directly concerned with the second branch of section 47(2). There the Lord Ordinary (Lord Clyde) said (at 255J-K):
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[2026] EWCA Civ 21
Common Room
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