Monthly Archives: October 2012

Enforcement in Scotland………

Posted by diane.bantten

Enforcing a Judgment in Scotland

If you are contracting with a business in Scotland you may not recognise that as far as
the law is concerned you are dealing with a company in a different country!

When there’s a problem and the clients need action raised, they can be surprised to be told.
Even sophisticated clients who have been through the courts in England many
times over may never have seen the inside of a Sheriff Court or consulted an Advocate at Parliament Hall or litigated in the Court of Session.

Acquit can help you prepare the legal documentation to issue a claim against a company in
Scotland but it is important to be aware that once Judgment has been obtained
there will be some hoops through which you/we will have to jump!

Ok, so for the technical part …..

The basis for the procedure is section 18 of, and paragraph 2 of Schedule 6 to, the Civil Jurisdiction and
Judgments Act 1982 and CPR 74.17. You need to apply under CPR
74.17 for a certificate of money provision by filing, at the court where the
judgment was given or has been entered:

1. An application, which should be by Form N244, in appropriate terms, stating
that the judgment remains unsatisfied and applying for the issue (by virtue of
the relevant provisions of the 1982 Act and CPR 74.17) of a certificate of
judgment to register for enforcement in Scotland.

2. Written evidence (complying
with Practice Direction 32) stating:

(a) the name and address of
the judgment creditor and, if known, of the judgment debtor;

(b) the sums payable and
unsatisfied under the money provisions of the judgment;

(c) where interest is
recoverable on the judgment, either –

(i) the amount of interest
which has accrued up to the date of the application, or

(ii) the rate of interest, the
date from which it is recoverable, and the date on which it ceases to accrue;

(d) that the judgment is not
stayed;

(e) the date on which the time
for appealing expired or will expire;

(f) whether an appeal notice
has been filed;

(g) the status of any
application for permission to appeal; and

(h) whether an appeal is
pending.

3. A draft certificate in Form 111 .

4. Once you have the
certificate, we would instruct a Scottish Agent to deal with enforcement.

So, is your mind blown, shall we take the strain for you …. visit www.acquit.org.uk  or just call us for an informal chat.