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 Prescription in Scotland. Given the position in relation to the Prescription (Scotland) Act 2018, it should be read in conjunction with Practice Note: Prescription in Scottish civil litigation—key cases and developments.
For guidance on:
limitation in Scotland, see Practice Note: Limitation of actions in Scottish civil litigation, which also deals with the differences between Scottish limitation and prescription—see Practice Note: Limitation of actions in Scottish civil litigation—Difference between limitation and prescription in Scots law
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 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940
PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973
P(S)A 2018—Prescription (Scotland) Act 2018
PL(S)A 1973, Pt I deals with prescription.
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The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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