Julie Hamilton

This Practice Note provides guidance on the current law on the diligence of adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). In doing so it covers, among other things, the circumstances in which adjudication can be used under Scots law against heritable property in Scotland and the various stages including decree for payment (or document of debt), registering a notice of summons in the personal register, registering an extract of the decree and converting the security by an action of declaratory. It also considers two leading authorities in this area, namely Hull v Campbell and MacMillan v Leith Developments.

This Practice Note offers guidance on arrestment in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007) and the Debtors (Scotland) Act 1987 (D(S)A 1987). In doing so, it considers what arrestment is, who the arrestee is, what can be arrested, the arrestee’s obligations, serving (or executing) an arrestment, arrestment in execution of a decree, arrestment on the dependence, ranking of arrestments and furthcoming. Finally it considers the effect of insolvency on arrestment and offers some practical tips on how the debtor can seek to prevent arrestment.

This Practice Note sets out the current law on the diligence of attachment in Scotland under the Debt Arrangement and Attachment (Scotland) Act 2002 (DAA(S)A 2002), including interim attachment and exceptional attachment. In doing so, it offers guidance on items which are exempt from attachment, the presumption of ownership in the context of attachment, executing attachments, urgent removal of attached articles, unlawful acts after attachment, the auction of attached items and the position in relation to attached items which are jointly owned.

This Practice Note offers an overview of various methods of enforcement (or diligence) in Scottish civil proceedings. In doing so, it: examines the effect the value of court proceedings has on where those proceedings should be commenced, as well as general issues of jurisdiction; explains the types of decrees that may be granted by the courts in Scotland; explains what a charge for payment is; provides an overview of various ways of enforcing a decree, including some of those methods’ advantages and disadvantages; explores the roles of sheriff officers and messengers at arms; and, finally, offers some practical tips when considering whether and how to enforce a decree (or ‘decree for payment’, ‘money judgment’ or ‘judgment debt’) in Scotland.

This Practice Note offers guidance on inhibition as a diligence in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). It considers, among other things, how an inhibition is created under Scots law, how it operates in relation to heritable property, how long it lasts for, how it can be terminated or recalled, the stages of proceedings at which it can be sought (including an inhibition on the dependence), the effect of breaching an inhibition and the interaction between inhibition and insolvency procedures.

This Practice Note offers an introduction to judicial review in Scotland. In doing so it considers, among other things: the supervisory jurisdiction of the Court of Session; the requirement for a ‘tripartite relationship’; the extent to which judicial review can be and is raised against private bodies as well as public bodies; when judicial review is not appropriate and the scope of judicial review in Scotland in relation to UK legislation, Acts of the Scottish Parliament and EU law.

This Practice Note offers guidance on the key grounds of challenge for judicial review in Scotland. It examines the concept of illegality (ultra vires) , including fettering discretion, as well as irrationality (‘Wednesbury unreaonableness’), procedural impropriety and proportionality.

This Practice Note offers guidance on protective expenses orders (PEOs) in the context of judicial review claims raised in Scotland. In doing so, it considers, among other things, the criteria for obtaining a PEO, the terms of PEOs and how to apply for a protective costs order in Scottish judicial review proceedings relating to environmental matters. It also considers PEOs in non-environmental public interest cases.

This Practice Note offers guidance on the procedure and considerations involved in raising a judicial review action in the Scottish courts. It considers, among other things: who can make a judicial review application (‘standing’), including the approach taken by the Scottish courts when deciding eligibility; time limits for bringing a judicial review claim; the court’s approach to the permission stage; the procedural requirements; transfers to and from the judicial review process and how to make a public interest intervention.

This Practice Note sets out the current remedies which are available in an action for judicial review in Scotland. It covers the remedies of reduction, declarator, suspension, interdict, implement and damages.

This Practice Note provides guidance on money attachment in Scottish civil proceedings under section 174 of the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). In doing so, it defines ‘money’ under BD(S)A 2007 and for the purposes of money attachment in Scotland and considers when a money attachment can be executed (or, put otherwise, when a money attachment becomes competent), the presumption of ownership in the context of money attachments, how the creditor receives attached moneys, how a payment order may be opposed by the debtor and/or third party and the circumstances in which the money attachment ceases to have effect or is ‘terminated’.