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Reponing meaning
Published by a LexisNexis Restructuring & Insolvency expert
What does Reponing mean?
In Scots civil procedure, reponing is the process by which a party seeks recall of a decree in absence (a default decree) so they can defend the claim, typically by lodging a reponing note (note of reponing) in the sheriff court or Court of Session. The term is rooted in court rules and case law rather than a standalone statute. A reponing note should be made promptly, explain the failure to appear or lodge defences, and set out a stateable defence with a real prospect of success. If granted, the court recalls the decree, may suspend or recall any diligence, and restores the action to an appropriate stage (often on conditions, such as payment of expenses or sums into court).
Usage is specific to Scotland. In England and Wales, Northern Ireland and Ireland, the analogous remedy is an application to set aside or vary a default judgment under the relevant procedural rules. Modern Scottish rules (for example under simple procedure) commonly describe the remedy as recall of decree, but “reponing” remains a widely used term for the recall of a decree in absence.
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View the related Practice Notes about Reponing
PRACTICE NOTES
Glossary of Scottish Insolvency Law Terms with England and Wales Equivalents
This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...
21 May
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