Prescription (Scotland) Bill

# Prescription (Scotland) Bill The law of prescription determines how long a person has to bring a legal claim before it becomes time-barred and unenforceable. Scottish prescription law had remained largely unchanged since 1617, creating difficulties in modern circumstances—particularly for victims of abuse, discrimination, and other harms that may only become apparent long after they occur. The bill addresses the inadequacy of these historic rules by reforming how and when claims become statute-barred, recognising that some forms of harm (such as historical abuse) require extended periods for victims to come forward, and that rigid time limits can prevent justice and accountability. The bill introduces a more flexible two-stage prescription system. It removes the requirement that a claim must be raised within five years of a loss occurring, replacing this with a rule allowing claims to proceed if raised within three years of a pursuer (claimant) becoming aware of the loss and its cause. This "awareness-based" approach better accommodates situations where harm is not immediately recognised. The bill also introduces an overarching "long-stop" limitation period to prevent claims becoming indefinitely enforceable. These reforms apply to various civil claims including personal injury, abuse, and product liability, making the law more equitable while still providing defenders with eventual certainty. The bill received Royal Assent in 2022 and the reforms came into force in September 2024.

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