Diligence on the dependence is a provisional measure which can be used to secure funds, goods or property to prevent the debtor from disposing of them whilst the action is ongoing. A creditor may, at any time while a court action is ongoing, apply to the court for authority to carry out arrestment or inhibition on the dependence of the action.

A date must be set for a hearing in all cases to give the debtor, and any other person having an interest, the opportunity to make representations. In many instances this hearing will be held prior to warrant for diligence on the dependence being granted. However, where it appears to the court that the creditor has a prima facie case in the main action or that there is a real risk that the creditor could be prejudiced in some way prior to the action being decided, then a warrant can be granted prior to the hearing.

Arrestment on the dependence

Arrestment on the dependence prevents the debtor from disposing of funds or goods held by a third party. When granting warrant for arrestment on the dependence, the court may choose to limit the amount of funds that can be arrested. Arrestment on the dependence converts to arrestment in execution upon granting of a decree in favour of the creditor.

Inhibition on the dependence

Inhibition on the dependence prohibits the debtor from disposing of or otherwise transacting with heritable property pending the outcome of a court action and, the court may limit the effect of inhibition to specified property. Inhibition on the dependence automatically continues as an inhibition in execution once decree in the original action is granted. Where inhibition has been limited on the dependence, the granting of a decree (providing an extract of that decree along with the prescribed form of notice is registered - see the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009) widens the effect of the inhibition so that it applies to all of the debtor's heritable property, except in cases where the original action was brought to require the debtor to implement a specific obligation.

The legislation relating to diligence on the dependence can be found in part 1A of The Debtors (Scotland) Act 1987.

This section of the website is intended to give a broad overview of diligence. It is not a full statement of the law nor does it provide a full description of each of the processes.