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Caveats use in Scotland

March 4, 2019 Family Law


If you have property interests or business activities in Scotland, it is always in your best interest to have a good risk management strategy. Caveats are a useful tool as part of any risk management strategy and have been used as such for centuries.

What is a Caveat?

A Caveat is a formal notice or warning filed with a court or public authority to suspend a particular proceeding until the filer (caveator) is given a hearing. It serves as a precautionary measure giving prior warning to prevent certain actions or to alert the other party about potential issues.

Translated directly from Latin, the word Caveat simply means, ‘Let Him Beware’. The Caveat is a document that can be lodged in the Scottish Court allowing you the opportunity to oppose any future applications that may be lodged against you.  Giving you a simple warning, or the gift of foreseeability.

A Caveat can be filed on your behalf, in any relevant court in scotland, by our experienced solicitors.

What happens once I’ve filed a Caveat?  

Once this document has been filed, this will ensure your solicitor will receive advance notice of any applications intended to be lodged against you. Our Solicitors at Jones Whyte Law will notify you immediately of any such orders. This includes out of hours contact if necessary.

In the event that our solicitors at Jones Whyte Law have filed a Caveat on your behalf, the Court must give advance notice to your solicitor of any order lodged against you. This includes most types of interim orders including interim interdict . An interim court order can relate to many different matters such as bankruptcy orders against you or your company, or other such orders relating to the winding up of an estate.

One of the more common types of orders that Caveats help to prevent are interim interdict. Such orders relate to the restriction of legal rights leading up to a court order and can relate to a number of matters including financial, property and employment matters.

This early warning system or foreseeability tool can eliminate many stressful situations, as such orders are much easier to oppose than they are to recall after they have been lodged against you or your entity. The main advantage being that you can be prepared, thus giving yourself the opportunity to attempt to prevent any unnecessary detrimental actions against your professional or personal interests.

A further benefit of having a Caveat in place is the opportunities that the extra time may allow you. For example, the opportunity to settle out of court may arise in the interim period provided by the Caveat. A little extra time may also allow for other options to be considered , such as a number of ADR alternatives.

Lodging a Caveat at Sheriff court

There are many ways in which your business or property interests can benefit by lodging a Caveat in the relevant sheriff Court. Our professional and dedicated solicitors at Jones Whyte Law are happy to discuss these benefits further and help you provide protection for your interests.

Caveats can be lodged in the name of companies, charities, trustees, LLP’s, Partnerships and individuals etc. These documents are not limited in numbers, several Caveats may be lodged depending on certain circumstances. A Caveat lodged with a Scottish sheriff Court will serve its entity for one year and must be subsequently renewed annually if so required. Our solicitors can also provide you with notice of any upcoming expiring Caveats, ensuring your interests remain protected in the event that you wish to renew.

Sheriff courts Scotland

Caveats can be lodged in any of the 39, geographically divided Sheriff Courts in Scotland.

It is therefore of great importance that your Caveat is lodged in the Sheriff court under which your business or property interest lies. Our solicitors at Jones Whyte Law recommend that you also lodge a Caveat at the Court of Session, which has jurisdiction over the whole of Scotland.

In any situation, our solicitors are highly skilled and experienced, and will always provide a professional and effective service, ensuring your Caveat is lodged in the relevant sheriff Courts.

At Jones Whyte Law we believe that all businesses should be protected.  We make it our business to protect your business by providing very competitive fees for the costs involved when lodging such orderCaveats in both the Court of Session and Sheriff Courts.

Contact Details

If you wish to instruct such an order and to lodge Caveats or simply require any further information from our please contact us on 0800 292 200.

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