Business Protection | Aberdein Considine Legal

Protecting your interests when trouble is brewing

Business Protection

Caveats are a critical business protection, unique to Scotland. They provide advance warning that court orders are being sought against your company or a company in which you have an interest.

Orders covered by caveats include: interim interdicts (injunctions) which can prevent certain business activities from occurring, orders for the appointment of a provisional liquidator in a winding up petition against your business and orders seeking to wind up, or appoint an administrator to, a company in which you have an interest.

When a Caveat is triggered, we are provided with the opportunity to contest any application before the Court. In the absence of a Caveat, the Court can grant orders without your knowledge and without your side of the argument being heard.

Such orders remain in place if and until they are recalled at a subsequent hearing, and can cause significant disruption or harm to your business in the meantime.

Protecting your interests

All businesses operating in Scotland should consider lodging Caveats. Caveats provide a level of protection against serious commercial threats which cannot be achieved by any other means.

It is far more difficult to have these orders recalled than it is to prevent them being granted in the first place.

Where should you seek protection?

We recommend that caveats are lodged in any Sheriff Court where your company has its registered office and/or a trading presence; and at the Court of Session which has jurisdiction across Scotland.

Caveat pricing

We charge a fixed fee per caveat. Where multiple caveats are required, we are happy to discuss a bulk price discount.

Caveats last for a year and we will notify you in advance of their renewal date.

WHY CHOOSE US

Our client promise

At Aberdein Considine Legal, we have a simple three-point promise to all of our clients.

  • "The team at AC is excellent at understanding our commercial requirements and making sure that my business is protected. They are always willing to work to tight deadlines and give us good straightforward advice to speed up the process. I believe that we are getting a brilliant service that is great value for money."

THE LEGAL GUIDES

What the experts say...

Our Dispute Resolution team is ranked among the best in the UK by two of the world's most respected legal guides.

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