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United Kingdom
United Kingdom
Key definition
Adjudication for debt definition What does Adjudication for debt mean? Adjudication for debt is a Scots law diligence used to enforce a money judgment by obtaining a judicial security over a debtor’s heritable property (land and buildings). The creditor must hold a decree or other relevant document of debt, and inhibition is often used beforehand to prevent the debtor from disposing of the property while the action proceeds. The action is raised in the Court of Session or sheriff court; when the decree of adjudication is registered against the title, the creditor acquires a real security (not ownership) that ranks by registration. After the “legal” period (generally...
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Adjudication for Debt in Scotland: Procedure, Key Authorities and Reform Outlook
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Practice notes
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...
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Web page updated on 27/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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