Limitation of actions in Scottish civil litigation
Produced in partnership with Lynsay Cargill of MacRoberts LLP
Limitation of actions in Scottish civil litigation

The following Dispute Resolution practice note Produced in partnership with Lynsay Cargill of MacRoberts LLP provides comprehensive and up to date legal information covering:

  • Limitation of actions in Scottish civil litigation
  • Difference between limitation and prescription in Scots law
  • Pleading limitation in Scotland
  • Scottish limitation in personal injury claims
  • Limitation in Scottish personal injury claims—anticipated developments
  • Scottish limitation in non-personal injury claims
  • Scottish limitation in defamation
  • Scottish limitation in harassment
  • Scottish limitation in consumer protection
  • Extension of limitation period under Scots law
  • More...

This Practice Note considers limitation in Scotland. For guidance on:

  1. prescription in Scotland, see Practice Notes: Prescription in Scottish civil litigation and Prescription in Scottish civil litigation—key cases and developments

  2. 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

  3. other key areas of Scottish law and procedure, see our Scotland toolkit

  4. 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

  5. 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

Key:

  1. CPA 1987—Consumer Protection Act 1987

  2. LR(MP)(S)A 1980—Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

  3. PHA 1997—Protection from Harassment Act 1997

  4. PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973

Difference between limitation and prescription in Scots law

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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