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Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Inhibition definition What does Inhibition mean? In practice, an inhibition prevents a landowner or debtor from voluntarily transferring or charging property in a way that would prejudice a creditor. Scotland: An inhibition is a form of diligence against the person, not a real security. It is obtained on a decree or document of debt and registered in the Register of Inhibitions. It bars the debtor from granting voluntary dispositions or securities over heritable property to the creditor’s prejudice; deeds granted in breach are challengeable (reducible) at the creditor’s instance. It usually lasts five years from registration unless renewed. The regime is primarily statutory (Bankruptcy and Diligence...
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Inhibition in Scottish Civil Litigation: Scope, Procedure and Registration, Inhibition on the Dependence, Effects and Breach, Recall and Renewal, and Insolvency Interactions (BD(S)A 2007 and 2024 updates)
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Practice notes
This Practice Note explores the position concerning the Diligence of Inhibition in Scotland. For direction on:
- other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland
- the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, 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, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement
In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence (Scotland) Act 2024, which obtained Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for further details.
Key:
- BD(S)A 2024—Bankruptcy and Diligence (Scotland) Act 2024
- BD(S)A 2007—Bankruptcy and Diligence etc (Scotland) Act 2007
- D(S)A 1987—Debtors (Scotland) Act 1987
- IA 1986—Insolvency Act 1986...
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Web page updated on 21/05/2026
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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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