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SLC prescription Discussion Paper 23/02/2016 The Scottish Law Commission has published a Discussion Paper on the law of prescription.

SLC prescription Discussion Paper

The Scottish Law Commission has published a Discussion Paper on the law of prescription. Comments on the paper are sought by 23rd May.

The paper considers a number of issues relating to prescription, including: claims for latent damage; the scope of the five-year prescription; the structure of the 20-year prescription; whether it should be possible to contract out from the statutory prescriptive periods; and the burden of proof.

“The law of prescription plays an important role in balancing the interests of the parties to a litigation,” said David Johnston QC, who is leading the project. “There is also a wider public interest in requiring litigation to be initiated promptly if it is to be initiated at all. The law has remained largely unchanged for 40 years. As part of our current programme of law reform we were encouraged to review the main areas in which change might be considered. This paper is the result.’

The Discussion Paper can be found here. A summary is available here.

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