Julie Hamilton
Having trained with MacRoberts, Julie has worked exclusively in dispute resolution for almost 20 years. Her expertise includes IP litigation, property litigation, procurement litigation, company, partnership and shareholder disputes, contractual and damages claims, interdicts and professional negligence matters.
Julie is also a Solicitor Advocate.
Julie is ranked as a Leader in the Field for Litigation and Product Liability in the 2024 edition Chambers UK Guide to the Legal Profession, and she is also listed in IP Stars’ 2018 rankings.
Julie is also recognised in the 10th Edition of The Best Lawyers in the United Kingdom for her work in Litigation. She is also ranked in WTR (World Trademark Review) 1000 and is noted for her "holistic view of IP matters" and her "practical and cost-effective approach to working with SMEs".
Sectoral experience includes Charities & Third Sector; Creative & Media; Education; Energy & Renewables; Financial Services; Food & Drink; Government & Public Sector; Healthcare; Infrastructure; Life Sciences; Manufacturing; Property; Technology and Transport.
Practice Area
Panel
- Scottish Panel
12 Contributions by Julie Hamilton
PRACTICE NOTES
Adjudication for Debt in Scotland: Procedure, Key Authorities and Reform Outlook
This Practice Note reviews the present position on adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence etc (Scotland) Act 2007 (BD(S)A 2007). For commentary on likely changes, see Adjudication for debt—anticipated future developments, below.
For guidance on:
other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a number of forms of diligence available in Scotland
the equivalent in England and Wales, see Introduction to enforcement—overview which, as well as outlining the topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, alongside an overview, links to more detailed guidance on aspects of cross-border enforcement
Key
BD(S)A 2007—Bankruptcy and Diligence etc (Scotland) Act 2007
CJJA 1982—Civil Jurisdiction and Judgments Act 1982
D(S)A 1987—Debtors (Scotland) Act 1987
Adjudication for debt—nature and purpose
Adjudication is an infrequently used, intricate diligence that traces its origins to the Diligence Act 1672...
Dispute Resolution
PRACTICE NOTES
Arrestment (Scotland): execution, on the dependence, arrestee disclosure, furthcoming, ranking, insolvency effects, BD(S)A 2024 reforms, and arrestment to found jurisdiction
This Practice Note considers the position on arrestment in Scotland.
For direction on related topics, consult the following:
for alternative types of diligence in Scottish civil procedure, consult the relevant Practice Note: Enforcement in Scottish civil litigation, which in turn connects to comprehensive, in-depth practical guidance on numerous diligence mechanisms available in Scotland
for the counterpart in England and Wales, see Introduction to enforcement—overview, which, besides outlining the subject, links to fuller, practical guidance on a wide range of elements of domestic enforcement in England and Wales
for cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which, in addition to surveying the area, links to further, detailed practical guidance on multiple key aspects of cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, and this resulted in the Bankruptcy and Diligence (Scotland) Act 2024, which obtained Royal Assent on 15 July 2025. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for details...
Dispute Resolution
PRACTICE NOTES
Attachment diligence in Scotland: procedure, exemptions, valuation, urgent removal, auctions, co-ownership, exceptional attachment orders, interim attachment, and 2024 reforms
This Practice Note considers the position regarding the diligence of attachment in Scotland
This note addresses how attachment operates within Scottish diligence, setting out the relevant position and context. For further guidance:
on other types of diligence in Scottish civil procedure, consult Practice Note: Enforcement in Scottish civil litigation, which in turn connects to detailed guidance on a number of forms of diligence available in Scotland
on the counterpart in England and Wales, see Introduction to enforcement—overview, which provides a general outline and links to more detailed guidance on various aspects of domestic enforcement in England and Wales
on cross-border enforcement, refer to Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on multiple aspects of cross-border enforcement
This Practice Note does not address land attachment or residual attachment; for those, see Practice Note: Adjudication for debt in Scottish civil litigation—anticipated future developments. In 2020, the Scottish Government commenced a policy review of diligence in Scotland and enacted the Bankruptcy and Diligence (Scotland) Act 2024 (it received royal assent on 15 July 2024 but, to date, only certain provisions of the Act are in force)...
Dispute Resolution
PRACTICE NOTES
Enforcing civil decrees in Scotland: charges for payment; diligence (attachment, money attachment, arrestment, inhibition, earnings); insolvency; sheriff officers and messengers-at-arms; jurisdiction/value thresholds and 2024 diligence review
This Practice Note focuses on enforcement in Scotland.
For guidance on:
the position in England and Wales, see Introduction to enforcement—overview, which not only provides a summary of the topic but also links to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which likewise offers an overview and directs you to further detailed guidance on the different elements of cross-border enforcement
Court proceedings—value and jurisdiction
Commercial disputes worth more than £100,000 can be raised in either the Court of Session or the sheriff court (section 39 of the Courts Reform (Scotland) Act 2014 (CR(S)A 2014)). Subject to limited exceptions, matters valued at up to £100,000 are restricted to the sheriff court (CR(S)A 2014, s 39).
For guidance on the civil court structure in Scotland, see Practice Note: Civil court structure in Scotland, which sets out the function of each court, how they are constituted, their jurisdiction, the procedural rules that apply, the binding effect of their judgments and the routes of appeal...
Dispute Resolution
PRACTICE NOTES
Inhibition in Scottish Civil Litigation: Scope, Procedure and Registration, Inhibition on the Dependence, Effects and Breach, Recall and Renewal, and Insolvency Interactions (BD(S)A 2007 and 2024 updates)
This Practice Note explores the position concerning the diligence of inhibition in Scotland. For direction on:
other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland
the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, links to more detailed guidance on various aspects of domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence (Scotland) Act 2024, which obtained Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for further details.
Key:
BD(S)A 2024—Bankruptcy and Diligence (Scotland) Act 2024
BD(S)A 2007—Bankruptcy and Diligence etc (Scotland) Act 2007
D(S)A 1987—Debtors (Scotland) Act 1987
IA 1986—Insolvency Act 1986...
Dispute Resolution
PRACTICE NOTES
Judicial review in Scotland: grounds (illegality, irrationality, procedural impropriety, proportionality), sub-grounds (improper purpose, delegation, fettering, errors), and duties (fairness, reasons, legitimate expectation)—key Scottish and ECHR authorities
This Practice Note addresses judicial review grounds of challenge in Scotland
For guidance on:
other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland-remedies; Judicial review in Scotland-raising a claim; and Judicial review in Scotland-protective expenses orders
other key areas of Scots law and procedure, consult our Scotland collection
judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used; and Judicial review-time limits and the pre-action protocol
Key
HRA 1998-Human Rights Act 1998
ECHR-European Convention on Human Rights
ECtHR-European Court of Human Rights
Principal grounds for challenge before the Scottish courts include:
illegality
irrationality
procedural impropriety
proportionality
Each of these is outlined in greater detail below.
Illegality
Public authorities hold statutory powers and obligations derived from Acts of Parliament or subordinate legislation. Across the UK, such bodies may act only within the limits set by law (the doctrine of intra vires). Where they operate outside or beyond that remit, their conduct is ultra vires and, accordingly, unlawful. The courts...
Dispute Resolution
PRACTICE NOTES
Judicial Review in Scotland: Supervisory Jurisdiction of the Court of Session, Tripartite Relationship, Private Bodies, Human Rights, EU Law Post‑Brexit, Scottish Parliament Competence, and Alternative Remedies
This Practice Note provides an introduction to judicial review in Scotland
For guidance on:
further aspects of judicial review in Scotland, consult Practice Notes:
grounds of challenge
remedies
raising a claim
protective expenses orders
other core areas of Scots law and procedure, see our Scotland collection
judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used and Judicial review-time limits and the pre-action protocol
Key
HRA 1998 - Human Rights Act 1998
RCS - Rules of the Court of Session 1994
SA 1998 - Scotland Act 1998
Judicial review is the mechanism by which the Scottish courts supervise and regulate the conduct of administrative bodies, whether public or private. The court’s essential task is to scrutinise decisions, actions, or omissions by public authorities and other official decision-makers.
A key difference between judicial review in Scotland and in England and Wales concerns its scope:
in England and Wales, it is competent only where ‘public law rights’ arise, meaning it is confined to public bodies
in Scotland, the distinction between public...
Dispute Resolution
PRACTICE NOTES
Money attachment diligence in Scotland: competence, execution by sheriff officers, reporting, payment orders, opposition, expenses and termination under the Bankruptcy and Diligence etc (Scotland) Act 2007
This Practice Note considers the position regarding the diligence of money attachment in Scotland.
This Practice Note examines the current position on money attachment diligence in Scotland, and directs readers to related materials. For guidance on:
alternative diligence options within Scottish civil procedure, refer to Practice Note: Enforcement in Scottish civil litigation, which, in turn, signposts detailed guidance on a number of diligence mechanisms available in Scotland
the comparable position in England and Wales, see Introduction to enforcement—overview, which, as well as offering an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales
enforcement across borders, consult Practice Note: Cross‑border enforcement—a guide for dispute resolution practitioners, which, as well as setting out an overview of this topic, links through to more detailed guidance on various aspects of cross‑border enforcement
In 2020, the Scottish Government initiated a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence (Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for details...
Dispute Resolution
PRACTICE NOTES
Protective expenses orders in Scottish judicial review: RCS Chapter 58A procedure, criteria, cost caps and case law; common law PEOs in non-environmental cases; comparison with England and Wales PCOs.
Civil justice reform
See our Practice Note: Civil justice reform in Scotland-virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note examines protective expenses orders (PEOs) in the setting of judicial review claims brought in Scotland.
For guidance on:
other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland–grounds of challenge, Judicial review in Scotland-remedies and Judicial review in Scotland-raising a claim
other key areas of Scottish law and procedure, see our Scotland collection, and
the closest equivalent procedure in England and Wales, see Practice Note: Protective costs orders
Key:
PEO-Protective Expenses Order
PPD-Public Participation Directive 2003/35/EC
RCS-Rules of the Court of Session 1994
A Protective Expenses Order (PEO) is a court order that governs the expenses liability of a party who, in the public interest, brings proceedings to challenge a public authority’s decision impacting environmental and related issues. The overarching purpose of a PEO is to ensure that the proceedings are...
Dispute Resolution
PRACTICE NOTES
Scottish diligence against earnings: arrestments (earnings/current maintenance), conjoined orders, challenges, employer and creditor duties, and forthcoming reforms under the Bankruptcy and Diligence (Scotland) Act 2024; including CSA deduction orders
This Practice Note addresses the position in Scotland. For guidance on:
other forms of diligence within Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on the range of diligence available in Scotland
the equivalent in England and Wales, see: Introduction to enforcement—overview, which provides an outline of the topic and links to fuller guidance on domestic enforcement in England and Wales
cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, resulting in the Bankruptcy and Diligence (Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for details.
Key:
CSA 1991—Child Support Act 1991
D(S)A 1987—Debtors (Scotland) Act 1987
BD(S)A 2024—Bankruptcy and Diligence (Scotland) Act 2024
Diligence against earnings—nature and purpose
The D(S)A 1987 introduced a statutory scheme (set out...
Dispute Resolution
PRACTICE NOTES
Scottish judicial review procedure: raising and progressing petitions—standing, three-month limit, permission, intimation and service, oral hearings and appeals, urgent applications, transfers and public interest interventions
Civil justice reform
Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on:
further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders
other key areas of Scots law and procedure, consult our Scotland collection
judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol
Key
CR(S)A 2014: Courts Reform (Scotland) Act 2014
CSA 1988: Court of Session Act 1988
RCS: Rules of the Court of Session 1994
Legal framework for Scottish judicial review proceedings
Judicial review proceedings are governed by CSA 1988, section 27A (introduced by CR(S)A 2014, section 89) and by RCS, Chapter 58.
Who can raise an application for judicial...
Dispute Resolution
PRACTICE NOTES
Scottish judicial review remedies and interim relief: reduction, declarator, suspension, interdict, implement, restitution, damages; court discretion and scope under RCS Rule 58.13 with leading cases
This Practice Note
This Practice Note examines the remedies obtainable in a judicial review raised in Scotland. For guidance on:
other aspects of judicial review in Scotland, see Practice Notes:
Judicial review in Scotland
Judicial review in Scotland-grounds of challenge
Judicial review in Scotland-raising a claim
Judicial review in Scotland-protective expenses orders
issues to weigh before bringing a civil claim in a Scottish court, and how to commence and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation-overview and Scottish DR: case management and evidence-overview respectively, which provide links to more detailed guidance
other facets of Scottish civil litigation, see: Scottish DR: civil appeals and judicial review-overview, Scottish DR: enforcement-overview and Scottish DR: settlement and ADR-overview, which, in turn, link to detailed guidance on specific aspects of dispute resolution in Scotland
other key areas of Scottish law and procedure, see our Scotland collection
judicial review in England and Wales, see Practice Notes: Judicial review-what it is and when it can be used and Judicial review-time limits and the pre-action protocol
Key:
CSA 1988-Court of Session Act 1988
RCS-The Rules of the Court of Session 1994
The court’s powers to...
Dispute Resolution
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