Scotland — How to Lodge a Caveat in the Court of Session

Jurisdiction and scope: Scotland — Court of Session only. This note covers a caveat lodged under Chapter 5 of the Rules of the Court of Session to obtain intimation before certain specified orders are pronounced. It does not cover sheriff court caveats, probate, Land Register caveats, or procedure in England and Wales or Northern Ireland.

Law checked: 24 September 2026. Next review: 24 December 2026, or earlier if Chapter 5, Form 5.2 or the Court of Session fees order changes.

Short answer

First match the anticipated application to the closed list in rule 5.1. Complete prescribed Form 5.2, identify the caveator and capacity, specify the application to which the caveat is to apply, provide reliable contact details, and lodge the form in the Court of Session Petition Department with the current fee of £55. The form requests intimation to the named contact before an order is pronounced. It does not prohibit the application, confer a defence, or guarantee refusal of the order. Under rule 5.2(2), a caveat lasts for one year from lodgement and may be renewed on expiry for a further year, and yearly thereafter.

When a Chapter 5 caveat is available

Rule 5.1 permits a caveat only against the following:

• an interim interdict in an action before defences have been lodged;
• an interim order in an action before the period for entering appearance has expired;
• an interim order in a petition before answers have been lodged, except an order under section 1 of the Administration of Justice (Scotland) Act 1972 for inspection, photographing, preservation, custody or detention of documents or other property;
• an order for intimation, service and advertisement of a petition for winding up, or for appointment of an administrator, concerning a company in which the caveator has an interest;
• an order for intimation, service and advertisement of a petition for the caveator’s sequestration; or
• an order permitting group proceedings.

Rule 5.1A separately excludes orders under the special insolvency or administration regimes for banks, building societies, payment institutions and electronic-money institutions. Do not use Form 5.2 merely because urgent relief is possible: the anticipated order must fit rule 5.1 and must not fall within rule 5.1A.

Step-by-step procedure

1. Classify the anticipated order. Record the precise limb of rule 5.1. If the risk concerns a different court, a different kind of notice, or an excluded special insolvency regime, stop and use the applicable procedure instead.
2. Name the correct caveator and capacity. Form 5.2 requires the caveator’s designation and address. Its footnote requires, where appropriate, the individual or specified representative capacity—such as trustee of a named trust—and the nature of the caveator’s interest, such as shareholder or debenture holder. Check the legal name against the relevant constitutive or registry record.
3. Define the application narrowly. In the form’s operative paragraph, specify the nature of every application to which the caveat is to apply. Identify whether the application is expected against the caveator or by another named person. Avoid a generic description that does not tell the Petition Department what event should trigger intimation.
4. Complete the contact block. Sign as the caveator, solicitor or agent as applicable. Provide the name, address, telephone number and reference of the solicitor or other person entitled to conduct the litigation. If no solicitor lodges the caveat, include the caveator’s telephone number. Form 5.2 also asks for two out-of-hours names and telephone numbers; use people who can respond immediately and keep those details current.
5. Lodge in the Petition Department and pay the fee. Rule 5.2(1) directs lodgement there. Schedule 1 to the Court of Session etc. Fees Order 2026, effective from 1 April 2026, sets the caveat fee at £55. The SCTS fee page lists cheque, card, postal order and cash, but says card types should be checked with the court and advises against sending cash by post. Confirm the current delivery and payment method with the court before sending or attending; the published rule does not itself create an email-lodgement route.
6. Keep proof and diary the exact expiry. Retain a copy of the signed form, payment evidence, lodgement confirmation and the date accepted. Calculate one year from lodgement, not from drafting, payment instruction or an internal reminder. Put renewal alerts well before expiry while treating the renewal as effective only when properly lodged.
7. Prepare for rapid response. A caveat is a notification mechanism, not the substantive opposition. Keep draft instructions, authorities, affidavits or productions, counsel availability and an escalation contact ready. When intimation arrives, immediately verify the application, hearing arrangements and time available to be heard.

Practical filing checklist

• Current Form 5.2 downloaded from the SCTS Court of Session forms page.
• Exact legal name, designation, address, capacity and interest of the caveator.
• Specific rule 5.1 category and a precise description of the anticipated application.
• Correct counterparty or applicant details, where known.
• Signature and full solicitor or authorised litigation contact details.
• Caveator’s telephone number if not lodged by a solicitor.
• Two monitored out-of-hours contacts.
• Current £55 fee and a payment method accepted by the court.
• Copy form, proof of payment and evidence of the accepted lodgement date.
• One-year expiry and renewal reminders, plus a response plan for urgent intimation.

Deadlines, fee and court contact

Common errors

• confusing a Court of Session caveat with a sheriff court, probate or Land Register procedure;
• using a caveat for an order outside rule 5.1 or within rule 5.1A;
• naming the wrong company, trust, office-holder or representative capacity;
• describing the possible application too broadly to identify the trigger;
• omitting usable out-of-hours contacts;
• treating the caveat as an injunction or substantive defence;
• assuming an unverified email is a valid lodgement; or
• allowing the one-year period to expire without renewal.

Official source map

Automated-research disclosure: This practice note was produced through automated research of the official sources linked above. It was not written or reviewed by a lawyer. The cited rule, form, fee and court page were independently rechecked against the claims above on 24 September 2026.