Prescription and limitation (D)

Question 1

What did the Prescription and Limitation (Scotland) Act 1973 set out?

Answer 1

Rules restricting the pursuit of an action or determining the shelf-life of an obligation.
Different regime for death and personal injury before 26 September 1964.

Question 2

What is (negative) prescription?

Answer 2

Like the ‘used by’ date.
The amount of time for which an obligation exists i.e. damages can be claimed.
Where you lose something by the passage of time.

Question 3

What is short prescription?

Answer 3

Pursuer knew, but did nothing.
Penalises carelessness of the pursuer.

Question 4

What is long prescription?

Answer 4

The obligation expires.

Question 5

What is limitation (triennium)?

Answer 5

Procedural as well as substantive.
Like the ‘sell by’ date.
The point at which the court is no longer willing to hear a case.
Ensures sensible use of the court’s resources.

Question 6

What are the prescription and limitation time frames for death and personal injury claims (excluding the ‘87 Act?

Answer 6

Limitation (‘73 Act).
- 3 years (s17 & 18).
Long prescription.
- Does not prescribe (s7(2) & Sch1 para 2 (g)).

Question 7

What are the prescription and limitation time frames for damage under the ‘87 Act?

Answer 7

Limitation.
- 3 years (s22B & s22C).
Long prescription.
- 10 years (s22C).

Question 8

What are the prescription and limitation time frames for delicts of reputation?

Answer 8

Limitation.
- 1 year (s18A).
Long prescription.
- 20 years (s7).

Question 8

What are the prescription (and limitation) time frames for economic loss AND damage to property (they’re the same)?

Answer 8

Short prescription.
- 5 years (s6).
Long prescription.
- 20 years (s7).

Question 9

What are the prescription (and limitation) time frames for contributions amongst wrongdoers?

Answer 9

Long prescription.
- 2 years (Law Reform (Misc. Prov.) (Scotland) Act 1940, s3(2)).

Question 10

What are the prescription and limitation time frames for protection from harassment?

Answer 10

Limitation.
- 3 years (s10 and s18B of Protection from Harassment Act 1997).
Short prescription.
- 5 years (s6).
Long prescription.
- 20 years (s7).

Question 11

When does the clock start on limitation?

Answer 11

Death - date of death (s18).
Injury - : “…the date on which the injuries were sustained or, where the act or omission to which the injuries were attributable was a continuing one, that date or the date on which the act or omission ceased, whichever is the later…”.