Diligence on the dependence

Diligence on the dependence is a provisional measure which may be taken against the property of a debtor during the progress of a court action to safeguard the creditor's claim. Two types of diligence can be used on the dependence - arrestment and inhibition. Diligence on the dependence can prevent a debtor disposing of funds, goods or property.

Part 6 of the 2007 Act relates to diligence on the dependence and inserts Part 1A into the Debtors (Scotland) Act 1987.

Changes introduced from April 2008 include:

  • The ability to issue a warrant for inhibition on the dependence is extended to the sheriff court. This was previously reserved to the Court of Session.
  • A hearing will be held to consider the granting of diligence in the dependence.
  • The courts may limit the sums or goods against which a warrant is issued.