Legal Definitions - intimation

In Scots law, an intimation is a formal legal notice that serves two critical functions: it clearly informs an individual or entity of a specific legal duty or requirement they must fulfill, and it simultaneously provides a direct warning about the negative consequences or penalties they will face if they fail to comply with that obligation.

• Child Maintenance Order: Imagine a court in Scotland has ordered a parent to pay a specific amount of child maintenance each month. The court would issue an intimation to that parent. This document would formally state the precise amount, frequency, and recipient of the payments, establishing the legal obligation. Crucially, it would also include a clear warning that failure to make these payments could lead to enforcement actions, such as the arrestment of wages (deducting money directly from their salary) or the seizure of assets. This illustrates both the notice of a legal duty and the explicit warning of penalties for non-compliance.
• Court Order to Remove an Encroachment: Consider a situation where a property owner has built a structure that encroaches onto a neighbor's land, and a Scottish court has ruled that the structure must be removed. The court would issue an intimation to the owner of the encroaching structure. This formal notice would detail the court's order to remove the structure by a specific date, outlining the legal obligation. It would also warn that if the structure is not removed as ordered, the aggrieved neighbor could seek further court orders to have it removed at the encroaching owner's expense, or the owner could face fines for contempt of court. Here, the intimation clearly communicates the duty and the severe consequences of ignoring it.
• Director's Breach of Duty: Suppose a director of a company in Scotland has been found by a court to have breached their fiduciary duties, perhaps by misusing company funds. The court might issue an intimation to the director. This document would formally instruct the director to repay the misused funds or take specific corrective actions, establishing their legal obligation. It would also explicitly warn that failure to comply could result in further legal action, personal liability for damages, disqualification from acting as a company director, or even charges for contempt of court. This example highlights a legal duty arising from a breach and the significant penalties for not rectifying the situation.