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  Glasgow Office
HBJ Gateley Wareing
146 West Regent Street
GLASGOW
G2 2RZ

MAP


T: 0141 221 8251
F: 0141 226 4799

Edinburgh Office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

T: 0131 228 2400
F: 0131 222 9800

Registered office
HBJ Gateley Wareing
Exchange Tower
19 Canning Street
Edinburgh
EH3 8EH

Registered Number
SO300755
 


 
  Litigation
 
 
Q. When I raise an action, what can I do to preserve the position?

A. When an action is raised, it is possible, at the moment, to serve what is called an arrestment usually upon the person you are suing's bank or upon their customers who may owe them money. This freezes the money until such time as you obtain judgment ordering payment when the money can be uplifted. It is also possible to resiter an Inhibition, which effectively prevents the person you are suing from disposing of any heritable property (i.e. land or buildings) which he owns. Both remedies are still available in Scotland but have been the subject of legal challenges in light of Human Rights legislation. This makes it harder to obtain the Court's authority to use arrestments and inhibitions.

 
     
 
Q. Can I obtain notice, from the Court, of any action which may be raised against me?

A. Generally no, although it is possible to lodge a document in Court, called a Caveat, which would alert you to any application made against you for interim interdict, or a winding up order, in the case of a Limited Company.

 
     
 
Q. If I raise action and am ultimately successful, will I recover all my costs?

A. If you are successful, you will usually be awarded your judicial costs. These are costs calculated on a pre-determined scale. The recoverable judicial costs normally equate to between 50-60% of your total Solicitors fees.

 
     
 
To discuss your requirements, please get in touch with:

David Halliday (Partner)
Telephone: 0141 221 8251
Email:

Michael Fleming (Partner)
Telephone: 0141 221 8251
Email:

 

Frequently asked questions

Select the relevant business area below to see the appropriate FAQs.

Commercial Property
Construction
Corporate
Employment
Environment and Planning
Insolvency
Technology & Media
Liquor Licensing
Litigation
Private Client
Small Business

 
   
   

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