The following Dispute Resolution practice note Produced in partnership with Julie Hamilton of MacRoberts LLP provides comprehensive and up to date legal information covering:
This Practice Note:
considers the position in Scotland. For guidance on:
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
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
other key areas of Scottish law and procedure, see our Scotland toolkit
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
BD(S)A 2007—Bankruptcy and Diligence (Scotland) Act 2007
CJJA 1982—Civil Jurisdiction and Judgments Act 1982
D(S)A 1987—Debtors (Scotland) Act 1987
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.
A creditor holding a decree for payment (ie money judgment) or relevant document of debt (ie a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.