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

  • 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. 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. 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

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