Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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

Published by a LexisNexis Dispute Resolution expert

Practice notes

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...

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Julie Hamilton

Morton Fraser MacRoberts LLP

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;...

Web page updated on 21/05/2026

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