The proviso in the Crown Proceedings Act 1947 s.21(1)(a) applied only in proceedings against the Crown to enforce a pursuer or claimant's private law rights. Accordingly the Scottish Court of Session could not grant an interim or final interdict or an interim or final order for specific performance in private law proceedings against the Crown, but in other proceedings against the Crown the section was no bar to such remedies.

[2005] UKHL 74