Prescribed & Time Barred Claims in Scotland - Where Are We Now?

Introduction

This webinar will consider a key feature of Scottish litigation: the rules governing when a claim is extinguished by lapse of time.

The Prescription and Limitation (Scotland) Act 1973 (‘the 1973 Act’) sets out when obligations are extinguished, when the prescriptive period begins to run, and when it may be suspended.

The Prescription (Scotland) Act 2018 has amended the 1973 Act in significant ways. Two of the most important reforms in force since June 2022 are:

• the new knowledge/discoverability test, clarifying when the prescriptive clock starts; and
• the ability of parties to enter into standstill agreements to delay prescription

This short webinar will explain these changes and consider how they operate in practice, with reference to recent case law, shaping litigation and settlement strategy in 2026 and beyond.

What You Will Learn

This webinar will cover the following:

• Knowledge/discoverability test under new s.11(3), (3A), (3B)
• s.6(4) and s.6(4A) - relief where fraud or error is present
• The 5-year short prescriptive period and practical implications
• The 20-year negative prescription and residual claims
• Standstill agreements under s.13 - when and how they can be used
• Interaction with limitation rules
• Relevant case law, including Legal & General Assurance v Halliday Fraser Munro [2025] and other recent authorities

This pre-recorded webinar will be available to view from Friday 6th February 2026

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