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Warrant to cite meaning

What does Warrant to cite mean?
In Scottish insolvency practice, a warrant to cite is a sheriff court order, made on a creditor’s petition for sequestration (Scottish bankruptcy), authorising citation and service of the petition on the debtor and fixing a hearing at which the debtor must show cause why sequestration should not be awarded. The expression is used in legislation and court rules (notably the Bankruptcy (Scotland) Act 2016 and sheriff court bankruptcy rules). Key features are: it permits service of the petition and any required intimation; it sets a stated date (diet) for appearance; and it warns that, if the debtor fails to appear or cannot satisfy the court that grounds for sequestration no longer exist, the sheriff will award sequestration with effect from the date of the award. A warrant to cite is typically sought only on a creditor’s petition; a debtor’s own application proceeds differently. The term is specific to Scotland; equivalent steps in England and Wales, Northern Ireland and Ireland involve issuing/serving a bankruptcy petition or summons and listing a hearing, but are not described as a warrant to cite.
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View the related Practice Notes about Warrant to cite

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...

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PRACTICE NOTES
Sustainable development in the UK: legal definitions, strategies, indicators, planning presumptions, legislative duties, case law and post-Brexit implications across England, Scotland, Wales and Northern Ireland

Defining sustainable development—the background In the UK, mechanisms concerned with sustainable development generally draw on, and are steered by, variants of the Brundtland definition. They also frequently cite the three interlinked ‘pillars’, often described as the ‘triple bottom line’. The Brundtland definition and the ‘three pillars’ concept The Brundtland Report (Our Common Future) frames sustainable development as progress that fulfils current needs without diminishing the ability of future generations to meet theirs. It embraces two principal ideas: needs—particularly the fundamental needs of the world’s poor, which warrant overriding priority; and limits—those set by the prevailing state of technology and social organisation on the environment’s capacity to satisfy present and future needs. The UN General Assembly endorsed this definition in Resolution 42/187, and the 2005 UN World Summit Outcome refers to the ‘interdependent and mutually reinforcing pillars’ of sustainable development: economic development social development environmental protection These elements underpin UK mechanisms touching on...

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