6. On the dependence
Diligence ’on the dependence’ of an action is a way creditors can try to take court action against a client without them knowing about it – ie, diligence by surprise.
In simple procedure, it is known as ’provisional measures’. In this section, the term ’diligence on the dependence’ is used to cover all court procedures.
The diligence is not complete; it freezes money or assets until the court holds a hearing and a decree (or equivalent) is granted. Full diligence can then resume.
It can be used for arrestments, attachments and serving inhibitions.
It prevents the client from disposing of assets and money before an upcoming action against them.
It was clarified by the Bankruptcy and Diligence etc. (Scotland) Act 2007 and is now covered in Part 1A of the Debtors (Scotland) Act 1987.