Inhibition on the Dependence became a more readily available diligence when it became available in Sheriff Court actions on 1 April 2008 as described in an earlier Article.
Changes to Inhibition in Execution came into force on 22 April 2009 and made significant changes to the procedures for Inhibition in Execution.
Warrant to Inhibit competent on Sheriff Court and Other Decrees
Inhibition is now competent on a decree or document of debt. Inhibition remains competent on a Court of Session decree. Significantly, however, the short form of warrant on a Sheriff Court decree now authorises Inhibition. It is no longer competent for the Court of Session to grant letters of Inhibition. This now makes the procedure in Sheriff Court actions considerably simpler and quicker.
Service and Registration by Sheriff Officer.
As the short form of warrant now authorises Inhibition, where that diligence is required creditors no longer need to take preliminary steps via the Court of Session. It is simply a matter of sending the decree to officers of court with instructions to Inhibit. The sheriff officer can also arrange registration of the inhibition which ensures that the inhibition becomes effective sooner than was the case while Letters of Inhibition were returned to instructing agents. AMA will handle all instructions for service and registration expeditiously.