Early Warning System
8 December 2008
How would you like an early warning system to prevent someone getting an interim order against you without you knowing it?
On certain occasions, parties who clients are in dispute with, such as creditors or neighbours, try to get urgent or interim orders against clients, prior to clients actually getting notice that an action has been raised.
This can range from an interim interdict (preventing you from doing something), provisional liquidation or interim sequestration (bankruptcy), prior to notice being served. The result of this on a personal level or for a business can often be devastating.
However, there is an early warning system which can be put into place to ensure that no interim orders are granted against you, without you having a chance to be heard in court and put forward your side of the argument.
We are pleased to say that we have caught actions in the past which have been raised against clients and have been successful in preventing certain interim orders being granted, effectively blocking the other side.
The early warning system is called a “caveat” and a caveat can be lodged with the Sheriff Court where you live or conduct business, or in the Court of Session should you think that someone may raise an action there. A caveat lasts a full year, and then after that they can be renewed for another year.
We have a range of clients who ask us to renew caveats each year to ensure nothing can be granted against them without a hearing taking place. The Sheriff Clerks have our mobile telephone numbers to contact us day or night to react quickly to anyone trying to get an order against our clients without a hearing.
If you wish to discuss a caveat being lodged on your behalf and take advantage of this useful early warning system which can be put into place, please feel free to contact our Gus Macaulay at any time.