Dispute Resolution in Scotland

Protective measures

The court has the ability to grant a wide range of interim remedies, including interim interdict (i.e. injunction), which may be granted ex parte. As a protective step, which is straightforward and inexpensive, we recommend that all businesses trading in Scotland lodge caveats, which are an early warning notice in respect of certain types of interim order.

There are other protective measures which allow a pursuer (i.e. claimant) to preserve defender’s (i.e. defendant’s) assets, including money, pending the outcome of a case – these are principally arrestment and inhibition. There are rules governing interim diligence, and the pursuer must persuade the court that it has a prima facie case and there is justification for the diligence.

Alternative dispute resolution

In terms of other options for dispute resolution, arbitration is governed by the Arbitration (Scotland) Act 2010, which established a statutory regime for arbitration in Scotland, applying the same rules to domestic, cross-border and international arbitrations. It incorporates features of the UNCITRAL Model Law and the Arbitration Act 1996.

Mediation is a popular alternative to litigation. While the court may encourage parties to use ADR such as mediation, it has no power to compel parties to use it.

Expedited enforcement

One other interesting feature to note in Scotland is the possibility of expedited enforcement of a financial obligation under a contract without the need for a preliminary court action. The process is “summary diligence” and is available where the deed or document contains a consent by the parties to registration for execution. The financial obligation must either be directly ascertainable from the deed itself or there must be a mechanism for identifying the financial obligation. The clause is commonly seen in leases or bank or personal guarantees.

In 2016, we were one of the first law firms in Scotland to become accredited Living Wage employers.
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Our Real Estate team won the Property Team of the Year Award at the British Legal Awards in 2018.
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