Scottish Human Rights Law Group

The Sheriff upheld the contention of the permanent trustee on the sequestrated estate of a debtor in an action against his wife for the division and sale of heritable subjects of which the debtor and his wife were joint proprietors, and for warrant to have the debtor, his wife and family (a son, a daughter and her partner and their …

Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Property Law, Protocol 1, Art. 1 Right to Private Property

The other pre-emptive and protective remedy commonly obtained as a matter of course when raising a court action in Scotland was a warrant to arrest, on the dependence of the action, any funds belonging to the defenders which were in the hands of third parties. [1] The authority for diligence was granted by a clerical act of a clerk of …

Insolvency and Personal Bankruptcy, Property Law, Protocol 1, Art. 1 Right to Private Property, Taxation

Classically at common law in Scotland, pursuers’ interests in the course of litigation may be protected by the taking out of an inhibition on the dependence which prevents the defender from alienating any heritable property in Scotland.    The remedy was available as of right once the Summons had passed the signet and needed no further court intervention although the court …

Insolvency and Personal Bankruptcy, Property Law, Protocol 1, Art. 1 Right to Private Property

The Sheriff upheld the contention of the permanent trustee on the sequestrated estate of a debtor in an action against his wife for the division and sale of heritable subjects of which the debtor and his wife were joint proprietors, and for warrant to have the debtor, his wife and family (a son, a daughter and her partner and their …

Art. 08 Right to Private and Family Life, Insolvency and Personal Bankruptcy, Protocol 1, Art. 1 Right to Private Property

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Agricultural & Fisheries Law, Art. 02 Right to Life, Art. 03 Prohibition of Torture, Art. 04 Freedom from Slavery, Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Art. 07 No Punishment without Law, Art. 08 Right to Private and Family Life, Art. 09 Freedom of Thought, Conscience and Religion, Art. 10 Freedom of Expression, Art. 11 Freedom of Assembly and Association, Art. 12 Right to Marry and Found a Family, Art. 13 Effective Remedy, Art. 14 Prohibition of Discrimination, Art. 17 Abuse of Rights, Art. 34 Victim Status, Art. 41 Just Satisfaction, Asylum & Immigration Law, Child & Family Law, Civil Procedure, Commercial and Corporate Law, Competition Law, Consumer Law, Criminal Law and Criminal Procedure, Data Protection and Freedom of Information, Discrimination Law, EU Law, Ecclesiastical Law and Freedom of Religion, Education Law, Employment and Industrial Relations Law, Environmental and Planning Law, Events, Health and Safety Law, Housing and Homelessness Law, Inheritance and Trusts Law, Insolvency and Personal Bankruptcy, Insurance Law, Intellectual Property Law, International Law, Licensing Law, Media Law, Medical Law, Mental Health, Misc., News, Pensions Law, Police Law, Prisons Law, Property Law, Protocol 1, Art. 1 Right to Private Property, Protocol 1, Art. 2 Right to Education, Protocol 1, Art. 3 Right to Free and Fair Elections, Public Procurement, Regulatory and Disciplinary Law, Social Security Law, Sports Law, Taxation