If a Scottish decree has been obtained, or an extract registered deed is provided, by which the debt can be specified, and your debtor is furth of Scotland, we can act. In the first place, if a warrant of the Lords of Council and Session exists, immediate execution of diligence by service edictally of a charge for payment may bring results.
However, if enforcement, on the ground, in another part of the UK than Scotland becomes necessary, we can obtain the certificates to allow registration of the debt with the Royal Courts of Justice, either in London or Belfast. Thereafter, for England and Wales, we instruct our professional equivalents in that jurisdiction – the High Court enforcement officers – to seek warrant for enforcement, through a writ of control. That allows for execution against the debtor’s corporeal moveable property. If the equivalents of an arrestment or an earnings arrestment would be more appropriate – a third party debt order or an attachment of earnings order – we can arrange for these procedures also, but through solicitors. If enforcement in Northern Ireland is required, application is made to the Enforcement of Judgments Office, Belfast.
Our time charges for dealing with these processes are such that we think many legal firms might make considerable savings by using Rutherford & Macpherson quite as their own ‘back office’ for all enforcement cases involving Scottish warrants and debtors in England and Wales, and Northern Ireland.
