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The caveat to Caveats

15 March 2019
Categories: Features , Property
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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

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