The following Dispute Resolution practice note Produced in partnership with Lynsay Cargill 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
CSA 1991—Child Support Act 1991
D(S)A 1987—Debtors (Scotland) Act 1987
The D(S)A 1987 introduced a statutory scheme (laid out in D(S)A 1987, ss 46–73) which enables a creditor to deduct money from a debtor’s earnings.
D(S)A 1987, s 46 created three forms of diligence against earnings:
an earnings arrestment—see further below
a current maintenance arrestment—see further below, and
a conjoined arrestment order—see further below
In addition to these three forms of diligence, a deduction from earnings order can be made under CSA 1991, s 31—as to which, see further below.
These forms of diligence apply to debtors who are individuals, who have an employer and who are in receipt of earnings. D(S)A 1987, s 73 provides definitions and exclusions to determine whether a debtor has an ‘employer’ and whether they are in receipt of ‘earnings’.
There is no
**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
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.