Rule 2 Orders against which caveats may be lodged

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(1)

Subject to paragraphs (2) and (3), a person may lodge a caveat against only—

(a)

an interim interdict sought against the person in an ordinary cause before the person has lodged a notice of intention to defend;

(b)

an interim order sought against the person in an ordinary cause before the expiry of the period within which the person could lodge a notice of intention to defend;

(c)

an interim order sought against the person in a summary application before service of the initial writ;

(d)

an order for intimation, service and advertisement of a petition to wind up, or appoint an administrator to, a company in which he has an interest;

(e)

an order for intimation, service and advertisement of a petition for his sequestration; and

(f)

the disposal of a commissary application.

(2)

In this rule—

(a)

“interim order” does not include an order under section 1 of the Administration of Justice (Scotland) Act 1972 (orders for inspection of documents and other property etc.)^f1; and

(b)

“commissary application” means an application for—

(i)

confirmation;

(ii)

appointment of an executor; or

(iii)

restriction of caution in respect of an executor.

(3)

A person may lodge a caveat against an order mentioned in paragraph (1)(d) only where the person is a company, debenture holder, holder of a floating charge, receiver, shareholder of the company or other person claiming an interest.

Annotations

Footnotes

f1: 1972 c. 59.