Caveats

What is a caveat?

A caveat is a document which can be lodged in both the Court of Session and the Sheriff Court in Scotland. With a caveat in place, the court must notify your solicitors if an application for an interim interdict, interim winding up order or a bankruptcy order has been made against you or your business in court.

Buying you time

The primary benefit of a caveat is the advance notice and the time it buys you, which can also work in your favour in the case of a winding-up petition against your business. Prior warning allows you and your solicitors to work to stop the advertisement of the petition and limit the damages done to your business if a prompt resolution is found.

Peace of mind & risk management

Without a caveat in place, an interim order can be granted undefended, meaning a party with whom you are in dispute can send Sheriff Officers to arrive at your place of business, unannounced, with a court order that can grind your business to a halt. The complete surprise of such an order is often the most damaging and distressing part of the whole ordeal.

Commercial Dispute Resolution

Understanding your commercial aims allows us to help you achieve the result you want in the most appropriate way – whether that is in out of court, our team of skilled negotiators and litigators will fight your corner.
Commercial Dispute Resolution
Debt Recovery

The focus for any debt recovery process is to move quickly to maximise the chances of recovery in the most economical way – our experienced team provides an efficient and cost-effective service, taking a proactive and practical approach appropriate to each individual case.
Debt Recovery
Restructuring & Insolvency

We advise clients on the often complex issues that can arise in relation to all formal and informal corporate recovery procedures.
Restructuring & Insolvency

Shortlisted for Firm of the Year at the Scottish Legal Awards 2022.
In 2016, we became one of the first law firms in Scotland to become Living Wage accredited employers.
Winners of Corporate & Commercial Team of the Year and Family Law Team of the Year at the Scottish Legal Awards 2020.
Our Real Estate team won the Property Team of the Year Award at the British Legal Awards in 2018.
Winner of SME of the Year at the Scottish SME Awards 2017, hosted by Scottish Business Insider.
Highly Commended for Commercial Team of the Year at the British Legal Awards 2016.
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MacRoberts fully supports flexible working practices and supports family-friendly working practices.
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In 2022, MacRoberts received a Bronze Award in Stonewall's Workplace Equality Index for our commitment to LGBTQI+ inclusivity in the workplace.
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