Diligence against earnings in Scottish civil litigation

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Produced in partnership with Julie Hamilton of Morton Fraser MacRoberts LLP
Practice notes
Scottish Law

Diligence against earnings in Scottish civil litigation

Copyright © 2025 LexisNexis

Produced in partnership with Julie Hamilton of Morton Fraser MacRoberts LLP

Practice notes
Scottish Law
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This Practice Note considers the position 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. •

    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

  3. •

    cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for Dispute resolution practitioners which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement

In 2020, the Scottish Government began a policy review of diligence measures in Scotland and this led to the Bankruptcy and Diligence (Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for details.

Key:

  1. •

    CSA 1991—Child

Julie Hamilton
Julie Hamilton chambers

Morton Fraser MacRoberts LLP

Having trained with MacRoberts, Julie has worked exclusively in dispute resolution for almost 20 years. Her expertise includes IP litigation, property litigation, procurement litigation, company, partnership and shareholder disputes, contractual and damages claims, interdicts and professional negligence matters.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Diligence definition
What does Diligence mean?

The law of diligence provides legal procedures by which a court order is enforced for the benefit of creditors.

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