Committee calls for views on the Prescription (Scotland) Bill

The Delegated Powers and Law Reform Committee has launched a call for evidence as part of its Stage 1 consideration of the Prescription (Scotland) Bill.

The bill implements the legislative recommendations contained in the Scottish Law Commission’s Report on Prescription published in July 2017.

That report made recommendations to address a number of issues within the law of negative prescription.

Negative prescription establishes a time-limit within which a person who is aggrieved must raise their claim in court.

If the time-limit is missed, the ability to pursue the claim is lost, because the right or obligation is extinguished once the prescriptive period has expired.

Graham Simpson MSP, committee convener: “This bill deals with an important area of law. The doctrine of prescription serves a vital function in the civil justice system. A key issue within the law of prescription is the treatment of claims for damages such as in the Morrison v ICL Plastics case, which related to the explosion at the Stockline factory.

“Essentially, prescription is about striking a balance between one person’s right and another person’s obligation.

“Our committee wants to hear views on the bill before Parliament considers changing the law.”

The committee is keen to hear from a wide range of people and organisations. The deadline for submitting written evidence is 6pm on Wednesday 4 April 2018.

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