Legal Definitions - lawburrows

Lawburrows is a unique legal concept found in Scots law. It refers to a legal process where an individual, who genuinely fears harm or disturbance from another person, can ask a court to order that person to provide a financial guarantee (known as 'caution' or 'security') that they will behave peacefully. Essentially, it's a preventative measure designed to maintain public peace and protect individuals from threatened violence or harassment. If the person subject to the order breaches the peace, they risk forfeiting the financial guarantee.

Here are some examples to illustrate how lawburrows might apply:

• Neighbor Dispute: Imagine Sarah and Tom live next door to each other, and their relationship has deteriorated significantly over a property boundary dispute. Tom has started shouting threats at Sarah over the fence, making her genuinely fear for her safety and peace of mind. While he hasn't physically harmed her, his verbal aggression is escalating, and she believes he might act on his threats.

  How it illustrates lawburrows: Sarah could apply to the court for a lawburrows order against Tom. If the court is convinced of her genuine apprehension, Tom would be required to provide a financial security to the court, promising to cease his threatening behavior. If he continues to harass Sarah or breaches the peace, he would forfeit that security, providing a strong incentive for him to act peacefully.

• Former Business Partner: After a contentious business dissolution, Mark's former partner, David, has been sending him menacing emails and leaving threatening voicemails, implying he knows where Mark lives and works. Mark is genuinely concerned that David might act on these threats and cause him harm or distress.

  How it illustrates lawburrows: Mark could petition the court for a lawburrows order against David. This would compel David to lodge a financial guarantee with the court, ensuring his future peaceful conduct towards Mark. The threat of losing this money would serve as a significant deterrent against any further intimidation, harassment, or aggression from David.

• Family Situation: Emily is concerned about her estranged brother, Robert, who has a history of aggressive outbursts. After a recent argument over a family inheritance, Robert sent Emily a series of messages implying he would "make her pay" and "come after her." Emily fears Robert might show up at her home or workplace and cause trouble, disturbing her peace and potentially threatening her safety.

  How it illustrates lawburrows: Emily could seek a lawburrows order from the court. The court, if convinced of her genuine apprehension of danger, would order Robert to provide security. This legally obliges him to refrain from any actions that would disturb Emily's peace or threaten her safety, providing Emily with a legal safeguard and Robert with a financial consequence for any future threatening behavior.