Law of Prescription in Scotland - Where Are We Now?

Introduction

The law of prescription and limitation in Scotland is complex. It has been subject to significant legislative change in the last 5 years to try to address perceived unfairness for Pursuers, following a series of cases where claims were held to have prescribed.

In an attempt to cure some of the perceived unfairness, the Scottish Government enacted the Prescription (Scotland) Act 2018 (the ‘2018 Act’) to amend the Prescription and Limitation (Scotland) Act 1973 (the ‘1973 Act’). The 2018 Act was enacted on a piecemeal basis only fully coming into force on 25 February 2025. The 2018 Act introduced key changes to the section 11 ‘discoverability test’ of the 1973 Act and clarified the commencement of computation of the prescriptive period for cases involving the obligation to pay damages. The 2018 Act did not have retrospective effect and practitioners continue to grapple with the 1973 Act (pre amendment), which continues to produce court opinions on when loss is said to have occurred.

This virtual classroom seminar will provide an overview of the key legislative changes introduced by the 2018 Act and run through recent case law.

Attending this live session will ensure you are fully up to date on the law of prescription and limitation in Scotland and aims to reduce the risk of you missing prescription deadlines. The session will provide practical guidance, examples and solutions to commonly misunderstood areas, equipping you with the relevant law so that it can be applied confidently in your day to day practice.

What You Will Learn

This live and interactive course will cover the following:

• The 5-year prescriptive period for obligations to pay damages
• Delayed discoverability test section 11(3) of the 1973 Act (as amended by the 2018 Act)
• Delaying the commencement of the prescriptive period where there is fraud of error
• The 20-year prescriptive period as a longstop
• The introduction of standstill agreements to Scotland
• An overview of recent case law - what prompted the enactment of the 2018 Act and where are we now

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.