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United Kingdom
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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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Money attachment diligence in Scotland: competence, execution by sheriff officers, reporting, payment orders, opposition, expenses and termination under the Bankruptcy and Diligence etc (Scotland) Act 2007
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Practice notes
This Practice Note considers the position regarding the Diligence of money attachment in Scotland.
This Practice Note examines the current position on money attachment diligence in Scotland, and directs readers to related materials. For guidance on:
- alternative diligence options within Scottish civil procedure, refer to Practice Note: Enforcement in Scottish civil litigation, which, in turn, signposts detailed guidance on a number of diligence mechanisms available in Scotland
- the comparable position in England and Wales, see Introduction to enforcement—overview, which, as well as offering an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales
- enforcement across borders, consult Practice Note: Cross‑border enforcement—a guide for Dispute resolution practitioners, which, as well as setting out an overview of this topic, links through to more detailed guidance on various aspects of cross‑border enforcement
In 2020, the Scottish Government initiated a policy review of diligence measures in Scotland, culminating 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...
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Web page updated on 21/05/2026
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