With the continuing internationalisation of even the smallest businesses, one of the most frequent queries we receive from solicitors based in other jurisdictions is how they can enforce a judgment from their jurisdiction in Scotland.
In this webinar, the second in a two-part series, we will examine the rules and procedures governing the enforcement of:
- judgments from England & Wales in Scotland;
- judgments from members of the EU in Scotland;
- judgments from outside the EU in Scotland; and
- Scottish judgments in England & Wales.
Taking you through some recent case studies, we will explain the process, likely timescales and costs involved, as well as potential complications based on our experience. The webinar also discusses the "diligence" or enforcement methods which can be used in Scotland including inhibition, attachment, bank or earnings arrestment and insolvency procedures. Finally, consideration will be given to the likely impact that Brexit will have on the enforcement of judgments in Scotland and the UK.
This webinar will be of interest to anyone who may have to enforce a foreign judgment in Scotland or a Scottish judgment in another jurisdiction, whether solicitors in private practice or in-house, or business owners.
Thomas McFarlane is a solicitor in our Commercial Disputes team and advises on a broad range of commercial dispute resolution matters. With considerable experience in Commercial Actions raised in Scotland's highest court, the Court of Session, he also acts regularly for clients in the Sheriff Courts dealing with a variety of contractual and delictual/tort claims. He has experience in registration and enforcement of foreign judgments in Scotland via Petition to the Court of Session, including successful enforcement of judgments from England, France and Germany.
Daisy Bovingdon is a member of the Commercial and International Disputes team and advises clients on a variety of disputes including breach of contract, professional negligence claims, and intellectual property. Daisy is currently involved in a number of disputes before the Court of Session, and also appears in the Sheriff Court.