Commentary on Sections Part 5: Civil Recovery of the Proceeds etc. of Unlawful Conduct Miscellaneous Section 285: Effect of diligence on recovery order (Scotland)
398.Section 285 clarifies the relationship in Scots law between the vesting of recoverable property in the hands of the trustee for civil recovery and any other action that might be taken by a creditor against the property to enforce a court order that he has obtained against the respondent. The section makes it clear that any such action against property executed after it has been vested in the trustee for civil recovery is ineffectual. In other words, once recoverable property is vested in the trustee, any other enforcement action (diligence) executed thereafter in relation to that property falls.