Arrestment in Scottish civil litigation
Produced in partnership with Julie Hamilton of MacRoberts LLP
Arrestment in Scottish civil litigation

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

  • Arrestment in Scottish civil litigation
  • Arrestment—nature and purpose
  • The arrestee
  • What can be arrested?
  • Corporeal moveables
  • Arrestees’ obligations
  • Executing an arrestment (or serving an arrestment)
  • Arrestment in execution of decree
  • Arrestment on the dependence
  • Ranking of arrestments
  • More...

This Practice Note considers the position on arrestment in Scotland. For guidance on:

  1. other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to detailed guidance on a number of forms of diligence available in Scotland

  2. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

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

  4. 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

  5. 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

Key:

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

  2. B(S)A 2016—Bankruptcy (Scotland) Act 2016

  3. D(S)A 1987—Debtor’s (Scotland) Act 1987

Arrestment—nature and purpose

Arrestment is the legal process through which a creditor can take possession of corporeal or incorporeal goods owned by a debtor but in the possession of a third party in Scotland.

Corporeal moveable property means physical property other than that related to

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