Act of Sederunt (Sheriff Court Caveat Rules) 2006

Orders against which caveats may be lodged

2.  –

(1) Subject to paragraphs (2) and (3), a person may lodge a caveat against only—

(a)an interim interdict sought against the person in an ordinary cause before the person has lodged a notice of intention to defend;

(b)an interim order sought against the person in an ordinary cause before the expiry of the period within which the person could lodge a notice of intention to defend;

(c)an interim order sought against the person in a summary application before service of the initial writ;

(d)an order for intimation, service and advertisement of a petition to wind up, or appoint an administrator to, a company in which he has an interest;

(e)an order for intimation, service and advertisement of a petition for his sequestration; and

(f)the disposal of a commissary application.

(2) In this rule—

(a)“interim order” does not include an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property etc.)(1); and

(b)“commissary application” means an application for—

(i)confirmation;

(ii)appointment of an executor; or

(iii)restriction of caution in respect of an executor.

(3) A person may lodge a caveat against an order mentioned in paragraph (1)(d) only where the person is a company, debenture holder, holder of a floating charge, receiver, shareholder of the company or other person claiming an interest.