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Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Diligence definition What does Diligence mean? In legal practice, diligence refers, in Scots law, to the formal court‑authorised procedures a creditor uses to enforce a decree, summary warrant or other enforceable document against a debtor’s assets or income. The concept is largely statutory (notably the Debtors (Scotland) Act 1987, the Debt Arrangement and Attachment (Scotland) Act 2002, and the Bankruptcy and Diligence etc. (Scotland) Act 2007), supported by rules of court and case law. Core diligences include attachment and exceptional attachment of corporeal moveables, money attachment, arrestment of funds or moveables in the hands of third parties, earnings arrestment and conjoined arrestment orders, and inhibition, which...
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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
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Practice notes
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...
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Web page updated on 27/05/2026
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