Caveats: An Early Warning System
FNF Scotland on Wednesday, April 18, 2012 at 2:54PM In Scotland you can lodge a caveat at court to warn you in advance if anyone applies for an interim interdict against you. By lodging the caveat you afford yourself the opportunity to be heard. A caveat enables you to state your opposition to an interim interdict being granted against you. A caveat may be lodged at the Sheriff Court or the Court of Session.
A caveat lodged at the Sheriff Court must be written in a prescribed form under SSI 2006/198 Act of Sederunt (Sheriff Court Caveat Rules) 2006. The Schedule of this Statutory Instrument contains an example Form of Caveat. The caveat must be lodged with the sheriff clerk.
A caveat lodged at the Court of Session must also be written in a prescribed form. Under the Rules of the Court of Session a caveat shall be in Form 5.2 and lodged in the Petition Department.
A caveat lasts for one year from the date it is lodged and can be renewed on an annual basis.
There is a £30 fee to lodge a caveat at the Sheriff Court and a £45 fee to lodge a caveat at the Court of Session. If you instruct a solicitor to lodge a caveat then the solicitor will have their own additional fee.
Families Need Fathers Scotland would welcome comments from any members who have lodged a caveat themselves. Comments to [email protected]
caveat, form 5.2, interdict, interim Interdict, legal
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