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

  • Inhibition in Scottish civil litigation
  • Inhibition—nature and purpose
  • Inhibition—procedure or ‘execution’
  • Inhibition on the dependence
  • Inhibition—operation and effect
  • Terminating an inhibition (or ‘recalling an inhibition’)
  • Breach of an inhibition
  • Interaction between inhibition and insolvency procedures
  • Administrative points and further reading

This Practice Note 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

Key:

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

  2. DAA(S)A 2002—Debt Arrangement and Attachment (Scotland) Act 2002

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

  4. TLC(S)A 1868—Titles to Land Consolidation (Scotland) Act 1868

Inhibition—nature and purpose

BD(S)A 2007, ss 146 to 168 updated and restated the operation of inhibition as a diligence.

In short, it is a ‘catch all’ diligence that once in place prevents a debtor from disposing of any heritable property that they hold, in Scotland, on the date at which the inhibition comes into existence.

The benefit to creditors is that they are not required to confirm what heritable property a debtor owns. It need only be known that some heritable property is owned in Scotland. A debtor will find an inhibition prevents them from disposing of heritable property without first making payment of the debt due