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Sunday, May 17, 2020 | History

2 edition of Diligence on the dependence and admiralty arrestments found in the catalog.

Diligence on the dependence and admiralty arrestments

Scottish Law Commission.

Diligence on the dependence and admiralty arrestments

by Scottish Law Commission.

  • 399 Want to read
  • 40 Currently reading

Published by The Commission in Edinburgh .
Written in English

    Subjects:
  • Arrest of ships -- Scotland.,
  • Attachment and garnishment -- Scotland.,
  • Security (Law) -- Scotland.,
  • Admiralty -- Scotland.,
  • Debtor and creditor -- Scotland.

  • Edition Notes

    StatementScottish Law Commission.
    SeriesDiscussion paper / Scottish Law Commission -- no. 84, Discussion paper (Scottish Law Commission) -- no. 84.
    The Physical Object
    Paginationxiv, 435 p. ;
    Number of Pages435
    ID Numbers
    Open LibraryOL17185185M

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Diligence on the dependence and admiralty arrestments by Scottish Law Commission. Download PDF EPUB FB2

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Get this from a library. Report on diligence on the dependence and admiralty arrestments. [Scottish Law Commission.]. Diligence is the term for various processes of debt enforcement in Scottish law. A creditor can use diligence if someone who owes them money has failed to pay a sum due.

The creditor must have a decree (court order) enforceable in Scotland, or a document of debt such as a Summary Warrant before they can carry out diligence. The court order gives the creditor authority to. Report on Diligence on the Dependence and Admiralty Arrestments To: The Rt Hon the Lord Hardie, QC Her Majesty's Advocate We have the honour to submit a Report on Diligence on the Dependence and Admiralty Arrestments.

(Signed) BRIAN GILL, Chairman E M CLIVE PATRICK S HODGE KENNETH G C REID N R WHITTY J G S MACLEAN, Secretary 22 December File Size: 3MB.

Title: Diligence on the Dependence and Admiralty Arrestments (CM 84_2) Author: Scottish Law Commission Created Date: 8/24/ AM. Diligence on the dependence is a provisional or protective measure which is used whilst a court action is ongoing, or just before an action is raised, but has not been finally disposed of.

It allows the creditor (pursuer) in the action to take steps to preserve the debtor's (defender's) property so that it will be available to satisfy any claim. Mrs Smith claimed that she was unaware of the terms of the cautionary agreement she had entered into on her husband's behalf.

In a departure from the traditional strict enforcement of cautionary obligations by Scottish courts it was decided that where there is a close relationship (such as between spouses) and where the creditor knows of this relationship that creditor must ensure that the.

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.

Getting diligence on the dependence means that it is obtained at the very beginning of a court action as opposed to at the end.

This can be an exceptionally powerful remedy if used correctly. In essence it is a provisional measure which can be used to secure money, goods or property to prevent the debtor from disposing of them while the court. His book will help investors research, evaluate, and understand an existing or proposed business not only from a financial standpoint, but also from equally important nonfinancial standpoints.

It provides a full explanation of the due diligence process, including systematic methods to determine the information you need, why you need it, and how Cited by: This book is a comprehensive manual on getting due diligence right.

It is a uniquely comprehensive guide, covering all aspects of the process from financial, legal and commercial due diligence right through to environmental and intellectual property due diligence. There are also useful chapters on working with advisers and managing due /5(2). Report on diligence on the dependence and admiralty arrestments / Scottish Law Commission.

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This process is called “due diligence.” Due diligence work can be costlyFile Size: 78KB. Scottish Law Commission, Report on Diligence on the Dependence and Admiralty Arrestments, (Scot Law Com No ), (). Categories: S. Tags: Civil Obligations, Enforcement, Law Commission, SC, and Scotland.

Scot Law Com No by Carla Muller | Apr 1, | S. Scottish Law Commission, Report on Poinding and Warrant Sale, (Scot Law Com No Chapter 1: How to conduct due diligence on a business purchase Comments by James Price JPAbusiness Pty Ltd As advisors to clients looking to purchase businesses, we regularly prepare custom due diligence checklists, tailoring these documents to ensure robust information collection for each potential business purchase.

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