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  4. Prescription (Scotland) Bill approved at stage 1

Prescription (Scotland) Bill approved at stage 1

28th June 2018 | civil litigation

The bill to reform Scots law on when claims become time barred was given an unopposed passage at stage 1 in the Scottish Parliament yesterday.

MSPs agreed that the Prescription (Scotland) Bill, which implements recommendations of the Scottish Law Commission, would provide greater certainty and clarity in an area of the law that has caused practical difficulties, especially since the Supreme Court decision in Morrison v ICL PLastics in 2014, which held that time might start to run before it was known who had caused a loss.

However some members pointed to the stage 1 report on the bill which highlighted that further consultation might have been carried out on whether council tax arrears and benefit repayment claims should still be allowed for up to 20 years rather than five years as with most debts, and this subject will be among those discussed further in committee at stage 2.

Click here to view the stage 1 debate.

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