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Bankruptcy and Diligence etc. (Scotland) Act 2007

General and miscellaneous provisions
New section 9P – Expenses of interim attachment

570.Section 9P(1) provides that, subject to subsection (3)(a), a creditor will generally be entitled to recover from the debtor the expenses incurred in obtaining and executing a warrant for interim attachment.

571.Subsection (2) provides that, subject to subsection (3)(b), where a warrant for interim attachment is granted and, at a later date, the court is satisfied that the creditor was acting unreasonably in applying for it, a debtor will be entitled to recover from the creditor the expenses incurred in opposing that warrant.

572.Subsection (3) provides that the court may modify or refuse those expenses mentioned in subsection (1) if it is satisfied that the creditor was acting unreasonably in applying for the warrant or if it is reasonable in all circumstances, including the outcome of the action. It can also modify or refuse those expenses mentioned in subsection (2) where it is satisfied that it is reasonable in all the circumstances, including, again, the outcome of the action.

573.Subsection (4) provides that, subject to subsections (1) to (3), the court may make such findings as it thinks fit in relation to expenses as mentioned in subsections (1) and (2). Subsection (5) provides that expenses incurred in obtaining or opposing a warrant are expenses of process.

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