Course description
This webinar will consider an important feature of Scottish litigation, which is the law on when a claim is extinguished by a lapse of time (either referred to as a claim having ‘prescribed’ or ‘time barred’).
Presenter Neil Morrison, an advocate at the Scottish Bar specialising in commercial litigation, will cover the new s.11(3)/(3A)(3B) knowledge/discoverability test, s.6(4)/s.6(4A) fraud or error relief, 5-year short prescriptive period and 20-year negative prescription, plus much more.
Relevant case law including WPH Developments Limited v Young & Gault LLP (In Liquidation) will also be discussed in detail.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
This webinar will consider an important feature of Scottish litigation which is the law on when a claim is extinguished by a lapse of time (either referred to as a claim having ‘prescribed’ or ‘time barred’).
The Prescription and Limitation (Scotland) Act 1973 (‘the 1973 Act’) provides for the extinction of certain types of obligations and when the prescriptive period starts to run or when it is suspended.
The Prescription (Scotland) Act 2018 made changes to the 1973 Act and two significant changes (now in force) are the discoverability test and the ability to enter into standstill agreements to delay prescription.
This short webinar will explore how these changes apply in practice.
What You Will Learn
The webinar will cover the following:
- New s.11(3)/(3A)(3B) knowledge/discoverability test
- s.6(4)/s.6(4A) fraud or error relief
- 5 year short prescriptive period
- 20 year negative prescription
- Standstill agreements (s.13)
- Limitation
- Relevant case law including WPH Developments Limited v Young & Gault LLP (In Liquidation)
Expenses
MBL Seminars Limited
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