Prescription

June 1 2022 marks a significant date in the development of Scots law with the long-awaited, though still partial, implementation of the Prescription (Scotland) Act 2018. Important changes are being made to the manner of calculating the starting-point of the five-year “time-bar” period fo

The pandemic has forced changes to almost every aspect of our lives. In WPH Developments Limited v Young & Gault LLP (in liquidation) 2021 CSIH 39, the Court of Session, however, confirmed one thing which won’t change: the law on prescription. Jamie Robb examines the case. The facts

Where do you see yourself in five years? When this question is asked at a job interview or work appraisal, no clarification is needed on the starting point for the five years. The words “from now” go without saying. The starting point of a crucial five year period for certain claims in S

When a defect becomes apparent in a building or structure, how long does the owner have to make a claim? Kathryn Kelly explains more. In Scotland, defects claims have to be made within five years. Time starts to run when loss, injury and damage occurs (section 11(1) of the Prescription and Limi

Neil Kelly looks at the Inner House's treatment of a case on collateral warranties that caused surprise last year. At the end of last year a judge in the Court of Session reached what many regarded as a controversial decision on the interpretation of a Scottish collateral warranty in the context of

A dispute about a demolished housing development in Midlothian has shown how a claim against consultants can be time barred before it is even known that there is a claim to be pursued. Is it time to change the law? The Scottish government already has. It has passed the Prescription (Scotland) Act 20