The following Dispute Resolution practice note Produced in partnership with Lynsay Cargill of MacRoberts LLP provides comprehensive and up to date legal information covering:
This Practice Note considers limitation in Scotland. For guidance on:
prescription in Scotland, see Practice Notes: Prescription in Scottish civil litigation and Prescription in Scottish civil litigation—key cases and developments
other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland
other key areas of Scottish law and procedure, see our Scotland toolkit
the closest equivalent in England and Wales, see: Limitation: general—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of limitation in England and Wales
foreign limitation periods, see: Foreign limitation periods for starting a claim—checklist, Limitation Periods when enforcing a foreign judgment—checklist and Practice Note: Foreign Limitation Periods Act 1984
CPA 1987—Consumer Protection Act 1987
LR(MP)(S)A 1980—Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
PHA 1997—Protection from Harassment Act 1997
PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973
The Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973, sometimes referred to as the ‘1973 Act’) deals with both prescription and limitation. However, they are quite different concepts and the difference between them is important, particularly in practice.
Scots law of limitation, which has more in common with
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Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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