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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
back-to-top-scroll