22 July 2022
A new practice note has been issued, effective from Wednesday 13 July 2022.
This introduces new guidance which applies to all eviction actions in all sheriff courts throughout Scotland.
The guidance provides that:
- Only one continuation or adjournment will be granted for a maximum of 12 weeks (save in exceptional circumstances).
- No sists will be granted (except in exceptional circumstances).
- Parties should intimate to the court two days advance of hearings whether or not there is an agreed position.
- All hearings will be conducted in person unless otherwise directed.
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Things to bear in mind:
- Courts will not be used to monitor payments.
- If you are raising a claim, you will only be able to continue the case once.
- Cases should only be raised if you have a genuine intention to seek Decree.
- Most cases will go to proof.
- You should ensure that any investigations are carried out in respect of household circumstances prior to raising the action.
- Early applications for welfare benefits advice will be essential.
- When a case is raised, it will be expected that you will be in a position to prove it is reasonable for Decree to be granted.
- Consider any alternatives to eviction, such as Decree for payment.
- If Decree for payment is granted, consider using diligence such as wage arrestments.
Lynsey Wilson, Senior Solicitor: lwi@bto.co.uk / 0141 221 8012