header-logo header-logo

15 March 2019
Categories: Features , Property
printer mail-detail

The caveat to Caveats

Scottish clients? Property in Scotland? You need caveats 

Like most things, the topic of caveats seems cyclical. There seems to have been a notable increase in articles and adverts in this respect following on from, one assumes, an increase in instances of interim court orders in Scotland being obtained, causing difficulties principally for companies, but also for individuals.

Interim orders can be granted in Scotland including interdicts and appointments of administrators or liquidators—or sometimes more critically, advertisement of a petition for liquidation of a company. In the latter case, the consequences can be serious, often resulting in the freezing of bank accounts, prompting the concern of customers and clients (who may go elsewhere) should an advert suddenly appear in the local newspaper that your company is about to be wound up.

Early warning system

A caveat is an early warning system with a document being lodged at court which triggers a call to the solicitor acting for the client on whose behalf the caveat is lodged. This leads to a hearing being fixed on the interim

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll