Argyll & Oban Faculty of Solicitors CPD: Civil Enforcement In Scotland

Walker Love were delighted to support the local Argyll and Oban Faculty CPD event: Civil Enforcement In Scotland, which took place on Tuesday 23rd April 2013.

Delivering a comprehensive “civil enforcement” seminar covering all aspects of Sheriff Officer enforcement in Scotland, the event offered an ideal opportunity for local practitioners to engage and discuss the operational, technical and practical challenges of civil enforcement in Scotland with Walker Love Sheriff Officers.

Epilepsy Scotland: WAGS Charity Dinner 25th April

Over 40,000 people are living with epilepsy in Scotland.  The charity Epilepsy Scotland works continuously to raise awareness of the condition. Influencing attitudes helps to fight discrimination and the social stigma associated with epilepsy; and to achieve this goal they involve people with epilepsy.

The charity’s main objective is to raise awareness, inform public opinion, educate the media and influence government policies.

For the second year running Walker Love were pleased to support this worthwhile charity.  The annual WAGS dinner, this year held at the Grand Central Hotel in Glasgow on 25th April, is always an excellent opportunity for business professionals, colleagues and friends to get together and raise funds for this very worthwhile charity Epilepsy Scotland.


Simple Guide to the BAD Act

The Bankruptcy & Diligence Etc (Scotland) Act 2007 contains 17 Parts and Six Schedules. One of the most succinct, but relevant sections of the B.A.D. Act can be found at Part 17 Section 227 (3) which states that sections of the Act “come into force on such day as the Scottish Ministers may, by order, appoint.”

To download click here >Simple Guide to BAD Act – Walker Love

In view of the complexity and the far-reaching effect that each section of the Act has on the execution of diligence, it was essential that this paragraph was inserted.

The overarching principal of the B.A.D. Act is “universal attachability.” It envisaged:

  • the introduction of four completely new diligences: Land Attachment, Residual Attachment, Interim Attachment and Money Attachment.
  • the formation of a “Scottish Civil Enforcement Commission” (SCEC) additional “Debtor Protection” procedures including the introduction of a Debt Advice and Information Package.
  • reform of some existing diligences  and the complete abolition of others, including the abolition of personnel such as Messengers-at-Arms and Sheriff Officers who were to be re-named “Judicial Officers”.

However, both Land and Residual Attachment have been delayed somewhat and the whole concept of SCEC appears to have been abandoned, as has the Abolition of Messengers-at-Arms and Sheriff Officers.

To download click here >Simple Guide to BAD Act – Walker Love

Scotland’s civil court system to be overhauled

Following the recommendations published in Lord Gill’s report on Scottish Civil Courts where he called for courts to be more responsive to the public’s needs and to deal with cases more swiftly and efficiently, radical plans have been announced to overhaul Scotland’s ‘antiquated’ civil courts.

The court reform consultation which is due to be published soon is expected to contain:

  • A proposal to create Scotland’s first national personal injury Sheriff Court, which will help to tackle the spiralling costs associated with PI claims.
  • Improved procedures for handling less serious criminal cases.
  • Plans to increased the threshold under which only the Sheriff Court can deal with civil cases from £5000 to £150000.

Lord Gill’s two year study of the Scotland’s civil courts system recommended a major transfer of jurisdiction from the Court of Session to the Sheriff Court to allow more cases to be dealt with at a local level, instead of at the Court of Session. This will enable the CoS to focus on the most serious and complex cases – and to speed up the whole process in both Courts.


Law 2013

The Scottish legal profession’s largest training congress and exhibition to be held both in Glasgow and Edinburgh.

Walker Love is supporting the Commercial Litigation and Criminal Law Conferences at the Edinburgh event on 1st and 2nd May at the Raddison Blu Hotel.

Dorothy Lowe, Partner will be chairing the Criminal Law Conference and David Walker will be addressing the commercial litigators (details below) and we will be exhibiting in the main conference.

European Citation and Enforcement

David Walker will provide an informative overview on the practical implementation of current EU rules on service and enforcement in other European Jurisdictions.

Today’s global economy and the relaxation of travel and employment legislation throughout Europe, has resulted in a significant rise in the number of instructions managed by Sheriff Officers in respect of transmitting services abroad and also executing citation and diligence received from other EU jurisdictions.

For its part the EUROPEAN PARLIAMENT and  THE COUNCIL OF THE EUROPEAN UNION, have developed specific legislation to improve the speed of transmission of citation such as EU Reg.1393/2007 which has dramatically improved the efficiency of cross border services.

Furthermore, recent legislation has been developed to help creditors enforce their judgements by doing away with the need to sue other jurisdictions, which has made cross border enforcement a lot quicker and relatively inexpensive.

In addition to explaining the legal process, the speaker will give an insight into the peculiar nature of many of the other European Judicial Officers responsible for managing your client’s instructions abroad, which can determine if the service will be completed in days instead of months!

Other speakers at the Commercial Litigation conference on 2nd May include:

  • Alan McMillan, Burness: Commercially Sensible? The problem of interpretation
  • Alan Stalker, Young & partners: Unfair Contract Terms & Information Security.

The speakers at the Criminal Law Conference on 1st May include:

  • Bill McVicar, McVicars: Criminal Law Update
  • Niall McCluskey, Connarty Associates: Advocacy Tips
  • Murray Macara QC, Beltrami & Co: Examination-in-chief and cross examination
  • David Jack,
  • The Carloway review – Bill McVicar, McVicars
  • Legal Aid and criminal practice – Ian Bryce, Central Criminal Lawyers
  • The admissibility of evidence of previous convictions and bad character – Neil Hay, MTM Defence Lawyers
  • The Scotland Act 13 years on – Niall McCluskey, Advocate, Connarty Advocates.

For more information on the services we provide to professional services firms, including citation & diligence, professional investigations and to find out how we can help with your pre-litigation enquiries, visit us at stand 4 in Glasgow on October 30th or 31st.

University of Strathclyde Law Clinic


Walker Love experts host a well received session on the increasingly important task of enforcing court judgements. The session which took place earlier in 2012 was hosted by Chris Bell and Angus MacKinnon of Walker Love.

The Law Clinic was launched in October 2003 in order to provide free legal assistance to people in Glasgow and the surrounding area who are unable to obtain legal assistance through other means.

The Clinic is intended to be complementary to existing legal services provided by lawyers and other agencies such as Citizens’ Advice Bureaux. The Law Clinic is part of the University of Strathclyde Law School. It was established and is overseen by Professor Donald Nicolson, who has extensive experience in law clinic work, both as a student advisor and founder of the University of Bristol Law Clinic.