[F1General and miscellaneousS
Textual Amendments
F1Pt. 1A inserted (1.4.2008 except for the insertion of s. 15H(4), 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 169, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(b)(i) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(1)(c) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))
15MExpenses of diligence on the dependenceS
(1)Subject to subsection (3)(a) below, a creditor shall be entitled to such expenses as the creditor incurs—
(a)in obtaining warrant for diligence on the dependence; and
(b)where an arrestment or inhibition is executed in pursuance of the warrant, in so executing the arrestment or inhibition.
(2)Subject to subsection (3)(b) below, a debtor shall be entitled, where—
(a)warrant for diligence on the dependence is granted; and
(b)the court is satisfied that the creditor was acting unreasonably in applying for it,
to the expenses incurred in opposing that warrant.
(3)The court may modify or refuse—
(a)such expenses as are mentioned in subsection (1) above if it is satisfied that—
(i)the creditor was acting unreasonably in applying for the warrant; or
(ii)such modification or refusal is reasonable in all the circumstances and having regard to the outcome of the action; and
(b)such expenses as are mentioned in subsection (2) above if it is satisfied as to the matter mentioned in paragraph (a)(ii) above.
(4)Subject to subsections (1) to (3) above, the court may make such finding as it thinks fit in relation to such expenses as are mentioned in subsections (1) and (2) above.
(5)Expenses incurred as mentioned in subsection (1) and (2) above in obtaining or, as the case may be, opposing an application for warrant shall be expenses of process.
(6)Subsections (1) to (5) above are without prejudice to any enactment or rule of law as to the recovery of expenses chargeable against a debtor as are incurred in executing an arrestment or inhibition on the dependence of an action.
15NApplication of this Part to admiralty actionsS
This Part of this Act (other than sections 15H, 15J and 15M) shall apply, in so far as not inconsistent with the provisions of Part V of the Administration of Justice Act 1956 (c. 46) (admiralty jurisdiction and arrestment of ships), to an arrestment on the dependence of an admiralty action as it applies to any other arrestment on the dependence.]