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Caveats: A Useful Tool

Caveat Caveat

If you have property interests or business activities in Scotland, it is always in your best interest to have a good risk management strategy. Caveats are a useful tool as part of any risk management strategy and have been used as such for centuries.

What is a Caveat?

Translated directly from Latin, the word Caveat simply means, ‘Let Him Beware’. The Caveat is a document that can be lodged in the Scottish Courts allowing you the opportunity to oppose any future applications that may be lodged against you.  Giving you a simple warning, or the gift of foreseeability.  

How Does A Caveat Work?

A Caveat can be filed on your behalf, in any Scottish court, by our experienced solicitors.  Once this document has been filed, the Court must then give your solicitor notice of any applications intended to be lodged against you. Our Solicitors at Jones Whyte Law will notify you immediately of any such orders. This includes out of hours contact if necessary.

What Can it do for you?

In the event that our solicitors at Jones Whyte Law have filed a Caveat on your behalf, the Court must give advance notice to your solicitor of any order lodged against you. This includes most types of interim orders including interim interdicts. Interim orders can relate to many different matters such as bankruptcy orders against you or your company, or other such orders relating to the winding up of an estate. One of the more common types of orders that Caveats help to prevent are interim interdicts. Such orders relate to the restriction of legal rights leading up to a court hearing and can relate to a number of matters including financial, property and employment matters.

This warning or foreseeability tool can eliminate many stressful situations, as such orders are much easier to oppose than they are to recall after they have been lodged against you or your entity. The main advantage being that you can be prepared, thus giving yourself the opportunity to attempt to prevent any unnecessary detrimental actions against your professional or personal interests. A further benefit of having a Caveat in place is the opportunities that the extra time may allow you. For example, the opportunity to settle out of court may arise in the interim period provided by the Caveat. A little extra time may also allow for other options to be considered, such as a number of ADR alternatives.

There are many ways in which your business or property interests can benefit by lodging a Caveat in the relevant Scottish Court. Our professional and dedicated solicitors at Jones Whyte Law are happy to discuss these benefits further and help you provide protection for your interests.

Who can Lodge A Caveat?

Caveats can be lodged in the name of companies, charities, trustees, LLP’s, Partnerships and individuals etc. These documents are not limited in numbers either as a single entity can lodge several Caveats depending on individual requirements. A Caveat lodged with a Scottish Court will serve its entity for one year and must be subsequently renewed annually if so required. Our solicitors can also provide you with notice of any expiring Caveats, ensuring your interests remain protected in the event that you choose to renew.

 

Where to Lodge A Caveat

Caveats can be lodged in any of the 39, geographically divided Sheriff Courts in Scotland. It is therefore of great importance that your Caveat is lodged in the Sheriff court under which your business or property interest lies. Our solicitors at Jones Whyte Law recommend that you also lodge a Caveat at the Court of Session, which has jurisdiction over the whole of Scotland. In any situation, our solicitors are highly skilled and experienced, and will always provide a professional and effective service, ensuring your Caveat is lodged in the relevant Scottish Court.

 

How to Lodge A Caveat

At Jones Whyte Law we believe that all businesses should be protected.  We make it our business to protect your business by providing very competitive fees for lodging Caveats in both the Court of Session and Sheriff Courts.

If you wish to instruct us to lodge a Caveat or simply require any further information from our litigation solicitors please contact us on 0141 326 0658, or email at This email address is being protected from spambots. You need JavaScript enabled to view it.

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