Law Services for Businesses Caveats

Caveats are a sensible and necessary step to provide peace of mind and risk management for businesses and certain individuals in Scotland.

In these challenging times, caveats are a very sensible step for peace of mind and risk management, available to all businesses in Scotland, and certain individuals. A caveat allows business owners or senior staff members to receive advance notice if someone serves an interim court order on their business.

 

At MacRoberts, we believe that no business should be without caveats in place. We recommend you lodge caveats in any relevant Sheriff Court (where your registered office and any place of business is) and the Court of Session. Caveats last 12 months and must be renewed annually.

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.

two people sitting infront of laptops looking at a sheet of paper

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.

Related Services

  • 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

Key Contacts

Our Awards & Accreditations

  • In 2016, we were one of the first law firms in Scotland to become accredited Living Wage employers.

  • Shortlisted for Firm of the Year at the Scottish Legal Awards 2022.

  • 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.

  • In 2019, MacRoberts achieved Cyber Essentials Plus certification, a UK Government entry-level information security standard. 

  • MacRoberts holds the ISO 9001:2015 certification for Quality Management, the most widely recognised quality management system standard in the world.

  • Iso 14001 2015 Environmental Management

    MacRoberts holds the ISO14001:2015 certification for Environmental Management, demonstrating our ongoing commitment to environmental awareness.

  • MacRoberts holds the ISO27001:2013 certification for Information Security, an internationally recognised security gold standard.

  • Business continuity is a critical element of the Business Management System at MacRoberts and we hold full accreditation with the ISO 22301:2019.

  • MacRoberts is a member of IP Inclusive, a network of intellectual property professionals working to make our community more equal, diverse and inclusive.

  • We are active members of the PRIME Programme – an organisation that focuses on ensuring a career in law is open to talent from all economic and social backgrounds.

  • MacRoberts supports the Scottish Business Pledge, a values-led partnership between Government and business that is based on boosting productivity and competitiveness through fairness, equality and sustainable employment.

  • We are supporters of the Partnership for Change, a network of organisations and individuals who share a common ambition to improve diversity on boards and in senior leadership.

  • We are a member of the Employers Network for Equality & Inclusion (ENEI), a UK-based not-for-profit organisation which helps employers build and maintain diverse teams and inclusive cultures through our membership, training, and consultancy services.

  • MacRoberts was awarded enei's Silver TIDEMark for 2023. TIDE is enei's self-assessment evaluation and benchmarking tool which measures an organisation's overall approach and progress on diversity and inclusion.

  • MacRoberts is a Disability Confident employer, and are committed to disability equality across our firm.

  • MacRoberts fully supports flexible working practices and supports family-friendly working practices.

  • In 2022, MacRoberts received a Bronze Award in Stonewall's Workplace Equality Index for our commitment to LGBTQI+ inclusivity in the workplace.

  • MacRoberts is a longstanding member of Scotland Food & Drink, the leading trade association for Scotland's food and drink industry.

  • MacRoberts is an Associate Member of SELECT, Scotland's largest construction trade association.

What Can We Help You With?

Find people, insights and legal services, and more. Enter a query in the search bar below.