Glossary for Register of Inhibitions

Absolvitor

An order of the court “assoilzing” and exonerating the defender. The pursuer is not allowed to bring the same matter to court again.

Accountant in Bankruptcy

The administrative supervisor of sequestrations (bankruptcies) and personal insolvency.

Act and Warrant

The interlocutor in sequestration proceedings which confirms the appointment of the trustee in terms of the Bankruptcy (Scotland) Act 1985.

Acts of Sederunt

Acts passed by the Lords of Council and Session relating to civil procedure.

Adjudicatio

An action used to take possession of heritable property as a means of taking a debtor’s land to satisfy a creditors claim for a debt.

Books of Sederunt

Records of the Acts of Sederunt in the Court of Session.

CCI

Certified Copy Interlocutor.

Certificate of execution of service

Certificate by a court officer that the court’s order has been carried out.

Continuation

An order made by the sheriff postponing the completion of a hearing until a later date or dates.

Counterclaim

A claim by a defender in a case against the pursuer even though he could have sued separately for it if he wished.

Creditor

A person who is owed money.

Debtor

A person obliged to pay some monetary or other obligation to a creditor.

Decree

An order of the court containing the decision of the case in favour of one of the parties and granting the remedy sought or disposing of the case. A final judgment.

Deliverance

A decision or order of the court.

Diligence

The collective term for the procedures used to enforce a decree of a court.

Execution of Service

The carrying out or enforcement of a court order or decree.

Extract Decree

Each step of an action brought to court is recorded in an interlocutor. A copy interlocutor is enough in some instances to carry out the order of the Court. An extract decree is required where an interlocutor will not do. 

First Deliverance

First order in proceedings. Term usually used for liquidations and sequestrations.

Heritable Property

Property consisting of land and buildings.

Inhibitions

A writ which prohibits a debtor from burdening his property or disposing of it to the detriment of the inhibiting creditor.

Insolvency

The state of being unable to pay one’s debts.

Insolvency Practitioner

A person, usually an accountant or solicitor, qualified in terms of the Insolvency Act 1986 to act as liquidator in relation to a company or trustee in relation to an individual’s estate.

Interlocutor

A written order or judgment by the court. The final interlocutor is the decree.

Messenger at arms

Officer of the court who serves documents issued by the Court of Session.

Prescribe/prescription

Lapsing of inhibitory effect after 3 or 5 years after registration of inhibition depending on type of entry on register.

Register of Inhibitions

Also known as Register of Inhibitions and Adjudications.

A register of notices of personal diligence which affect the voluntary conveyance of real property.

Sequestration

To process begun by the debtor or one of his creditors resulting in the setting aside of the bankrupt’s estate for the use of his creditors.

Serve/service

Sending a copy of the summons or other court document to the defender or another party.

Sheriff clerk

Court official responsible for the administration of the sheriff court.

Sheriff officer

A person who serves court documents and enforces court orders.

Signet

The Seal of the Court of Session and a sign of its authority.

Warrant for diligence

Written authority from a court to carry out one of the diligence procedures.

Writ

A legally significant writing.