Prescribed & Time Barred Claims in Scotland - Update Your Knowledge

Introduction

This webinar will consider an important feature of Scottish litigation which is the law on when a claim is extinguished by a lapse of time (either referred to as a claim having ‘prescribed’ or ‘time barred’).

The Prescription and Limitation (Scotland) Act 1973 (‘the 1973 Act’) provides for the extinction of certain types of obligations and when the prescriptive period starts to run or when it is suspended.

The Prescription (Scotland) Act 2018 made changes to the 1973 Act and two significant changes (now in force) are the discoverability test and the ability to enter into standstill agreements to delay prescription.

This short webinar will explore how these changes apply in practice.

What You Will Learn

The webinar will cover the following:

• New s.11(3)/(3A)(3B) knowledge/discoverability test
• s.6(4)/s.6(4A) fraud or error relief
• 5 year short prescriptive period
• 20 year negative prescription
• Standstill agreements (s.13)
• Limitation
• Relevant case law including WPH Developments Limited v Young & Gault LLP (In Liquidation)

This webinar was recorded on 11th January 2024