Adjudication for debt in Scottish civil litigation
Produced in partnership with Julie Hamilton of MacRoberts LLP
Adjudication for debt in Scottish civil litigation

The following Dispute Resolution guidance note Produced in partnership with Julie Hamilton of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Adjudication for debt in Scottish civil litigation
  • Adjudication for debt—nature and purpose
  • Adjudication for debt—procedure
  • Adjudication for debt—key authorities
  • Adjudication for debt—anticipated future developments

This Practice Note:

  1. considers the position in Scotland. For guidance on:

    1. the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales

    2. cross-border enforcement, see: Cross border enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement

    3. other key areas of Scottish law and procedure, see our Scotland toolkit

  2. considers the current position on adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence (Scotland) Act 2007 (BD(S)A 2007). Note, however, adjudication for debt will be abolished when BD(S)A 2007, ss 79 and 80 have been brought into force—see further below

Key:

  1. BD(S)A 2007—Bankruptcy and Diligence (Scotland) Act 2007

  2. CJJA 1982—Civil Jurisdiction and Judgments Act 1982

  3. D(S)A 1987—Debtors (Scotland) Act 1987

Adjudication for debt—nature and purpose

Adjudication is a very rarely used, complex diligence, dating back to the Diligence Act 1672.

It currently gives a creditor a right or security over a debtor’s specified heritable property (ie land and buildings) and can be used alone or following an inhibition (as to which, see Practice Note: Inhibition in Scottish civil litigation.

Adjudication for debt—procedure

A creditor holding a decree for payment (ie