A Practical Guide to the Law of Prescription in Scotland

There have been a number of momentous changes to the law of prescription since the last major work in this area was published. The Supreme Court rulings in Morrison and Gordon’s Trustees, and the forthcoming changes in the Prescription (Scotland) Act 2018 have fundamentally altered an area of law which had been broadly unchanged for over 40 years.

This essential guide for practitioners discusses the law of prescription in Scotland. Topics covered include:

• Fundamental concepts of prescription and how it differs from limitation


• Prescriptive periods, suspensions and interruptions


• Imprescriptable rights


• Relevant claims and acknowledgements


• Fraud, error or legal disability


• Reparation for loss injury or damage


• Morrison -v- ICL Plastic and beyond


• The current position


• Contracts governed by foreign law


• Progress on reform of the law


• The Prescription (Scotland) Act 2018

ABOUT THE AUTHOR

Andrew Foyle is a solicitor advocate and the Head of Litigation for Scotland at Shoosmiths LLP, with over 17 year’s experience advising and representing financial institutions and insolvency practitioners at all levels of the Court system in Scotland. His experience in the financial sector involves both pursuing and defending claims, including secured and unsecured asset/credit recovery, regulatory issues, mis-selling claims, fraud, negligence and contractual claims. He has been involved in a number of recent high profile cases in the banking sphere and has spent periods on secondment with two major clearing banks.