What are caveats?
Caveats allow for businesses and individuals to receive advanced warning that certain types of court orders are being sought against them in the Sottish courts.
Unique to Scotland, caveats can be lodged in the Court of Session or the Sheriff Courts.
Who is this relevant for?
It is advisable that businesses, organisations and individuals with operations or locations within Scotland have caveats in place. This proactive measure is recommended to DWF clients to ensure that they are not caught off-guard by legal proceedings and have the opportunity to respond appropriately, as it is more difficult to have these orders recalled than it is to prevent or defend them in the first place. A further benefit is that the Caveat register is not public and any pursuer would therefore not be aware of a caveat until it is triggered when an action is raised.
How do caveats work?
Once a caveat is in place, the Court is obliged to inform the solicitors acting for the Defender if an application for certain types of interim orders is made against their client. This can include applications for interim interdicts (Scottish equivalent of injunctions), bankruptcy or appointment of a provisional liquidator.
Once informed, there will then be an opportunity for businesses and individuals to be represented at a hearing in relation to such interim orders.
DWF services and fees
Each caveat is £168 (+VAT), which includes the relevant court fee for lodging. Caveats last a year and we will notify you automatically when required to be renewed.
