1st June will be a significant date for Scots law, and it’s about time

21 Mar 2022

On 1 June, the long-awaited Prescription (Scotland) Act 2018 will be partially implemented. BLM's Shirley Wyles goes into more detail on what changes it might bring, in today's The Scotsman. The 2018 Act does not make any changes to the law on personal injury claims which, with certain exceptions, are subject to a three-year “limitation” time-bar period. Shirley explains that...

"Broadly, the law change from 1 June 2022 should make life easier, at least in some respects, for claimants because another two stages will have to be reached before the five-year clock ticks. As well as having knowledge of loss, the claimant will need to know the loss was caused by a person’s act or omission and the identity of that person. However, it will remain unnecessary for the claimant to know their claim is actionable in law...the 2018 Act does not define the meaning of “loss” so a lot may turn in certain cases on whether the 2017 interpretation, as above, remains the accepted meaning for these purposes after 1 June."

To continue reading the full article, please click here to be redirected to The Scotsman website.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to clients of BLM. Specialist legal advice should always be sought in any particular case.

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