If you are thinking about raising court action in Scotland, one of the most important – and most easily overlooked – questions is how long you have to do it. Time limits can be strict, and once a claim is “time-barred” under Scots law, your right to claim is usually gone for good. This article is worth reading if you want a clear, practical explanation of how time limits work in Scottish litigation, when the clock starts to run, and how Simplicity Legal can help you avoid missing a crucial deadline.
Simplicity Legal’s dispute resolution team regularly helps individuals and businesses work out whether they are still within the time limit to raise a claim in Scotland and what to do next if the position is unclear or complex.
What do “time limits” and “time bar” mean in Scots law?
In Scotland, most legal claims must be brought within specific time limits set out in the Prescription and Limitation (Scotland) Act 1973 and later reforms, sometimes called “prescription and limitation” law. If a claimant waits too long, the right to claim can be extinguished – this is known as prescription in Scotland – or the claim may be procedurally out of time, often referred to as a time bar.
For many types of civil claims in Scotland, there is a general five-year period, after which obligations can be extinguished if no relevant claim has been made, reflecting the law of prescription and the policy that people should not face open-ended exposure to litigation. In practice, this means you cannot assume you can start court action whenever it suits you; in many cases, you need to raise a claim well before the five-year point or risk losing your right to claim for damages altogether.
Simplicity Legal often finds that clients come in thinking they “might” have years left, only to discover that the prescriptive period started earlier than they believed. Getting early legal advice can make the difference between a live claim and one that is already time-barred.
How long do you have for personal injury claims in Scotland?
Personal injury claims in Scotland – for example, after a road traffic accident, an accident at work, or medical negligence – are usually subject to a three-year limitation period rather than the general five-year rule. Broadly, court proceedings must be raised within three years from the date of the accident or from the date when the claimant first became aware that they had suffered a personal injury caused by someone else’s fault.
Sections 17 and 18 of the 1973 Act set out the main rules for personal injury cases, and they build in a limited “discoverability” element for situations where the injury or damage is not obvious straight away. For example, if someone only later becomes aware that loss and injury were caused by earlier negligent treatment, the three years may run from that later point, but this is often a technical and fact-sensitive question.
In practice, Simplicity Legal encourages potential pursuers in personal injury cases not to sit on their hands because evidence is easier to obtain early, and courts apply the rules strictly. If you think you may have a personal injury claim, speaking to a solicitor well before the three-year mark gives you more options, including exploring alternative dispute resolution before court proceedings become necessary.
What about breach of contract and commercial claims – is it always five years?
For most claims arising from breach of contract or delict (the Scots law equivalent of tort), the general rule is that there is a five-year prescriptive period, sometimes called the “short negative prescription”. Section 6 of the 1973 Act and related provisions set out the position that obligations to pay damages, including for breach of contract and many negligence claims, are extinguished if they have existed for five years without a relevant claim being made.
This five-year period typically runs from the “appropriate date”, which is broadly the date when loss, injury or damage was first sustained – not necessarily when the contract was signed or when the negligent act occurred. In commercial litigation, this often catches people out: by the time a business realises it has suffered a loss from professional negligence, construction defects or a failed deal, several years may already have passed.
Simplicity Legal frequently advises businesses and individuals who have suffered a loss in commercial situations to act promptly once they become aware that the loss may have arisen from an act or omission of another party. Even where informal discussions are ongoing, it is vital to keep an eye on when the prescriptive period runs, so you do not miss the deadline to claim in the civil courts.
When does the “clock start” to run on a claim?
One of the trickiest parts of Scots law on time limits is working out when the clock start point actually is. In many statutes and pieces of case law, the language focuses on the date when the loss, injury or damage was first sustained, and when the claimant is, or could with reasonable diligence be, aware that the loss was caused by another’s act or omission.
Section 11 of the 1973 Act (and reforms introduced by the Prescription (Scotland) Act 2018) deal with how the period runs from the date when loss arises, particularly for latent damage cases where the issues are hidden for some time. The 2018 Act and related regulations came into force to bring more clarity and fairness, especially where the claimant is not aware or could not reasonably be aware that a loss has occurred or who caused it, creating a more structured test for the relevant time.
In many complex cases, including claims for professional negligence or construction disputes, there is real debate about whether the period runs from the date of the original advice or work, or from the later date when the claimant is aware of the loss and the identity of the responsible party. This is why Simplicity Legal often reviews documents, invoices and previous correspondence carefully to pinpoint when the period runs from the date of first loss, rather than relying on rough estimates.
How do “prescription” and “negative prescription” differ from “limitation”?
In Scotland, the prescriptive framework differs slightly from the limitation rules used in some other UK legal systems, although the outcomes can feel similar from a client’s point of view. Prescription in Scotland is fundamentally about extinguishing rights and obligations after the prescriptive period has passed, whereas limitation tends to focus on whether proceedings must be raised within a set time limit without necessarily extinguishing the underlying right.
Negative prescription refers to the process where, after a specified period (often five years or 20 years, depending on the type of obligation), the right to claim is lost entirely. The Prescription (Scotland) Act 2018, often referred to simply as the 2018 Act, refined aspects of prescription, including providing a clearer long-stop period and rules on interruption where a relevant claim is already in progress.
For most people, the technical labels matter less than the practical effect: if you wait too long, the claim can disappear as if it never existed. Simplicity Legal can help you understand whether your situation is governed primarily by prescription or limitation rules, and what that means for the right to claim in your particular circumstances.
What changed under the Prescription (Scotland) Act 2018?
The Prescription (Scotland) Act 2018 came into force in stages, with key provisions designed to clarify when the prescriptive period starts and to create a clearer long-stop for certain claims. Among other things, the 2018 Act amends the 1973 Act to refine the test for when a claimant is treated as aware of loss for the purpose of starting the five-year prescriptive period.
The 2018 Act now emphasises that the period does not generally start until the claimant is aware, or could with reasonable diligence be aware, that loss has occurred, that it was caused by another person’s act or omission, and the identity of that person. This was a response to previous case law, which sometimes allowed the clock to start running before the claimant realised they had suffered loss at all, which many felt was unfair.
Law firms and commentators have noted that these reforms aim to balance legal certainty with fairness, helping pursuers in complex cases involving latent damage. Simplicity Legal keeps up to date with these developments, including recent decisions in the case law, to advise clients on whether their potential claims might still be live under the updated regime.
How do Scottish courts treat late or borderline claims?
Scottish courts tend to interpret time limits strictly, particularly in commercial disputes and claims involving negligence. Decisions from the Court of Session and, in some instances, guidance from the UK Supreme Court, have reinforced that waiting until just before the deadline – or miscalculating by even a short period – can have serious consequences.
Cases discussed in legal commentary show examples where the courts have held that the period starts when the claimant is aware that loss has occurred, even if they do not yet fully understand the cause or extent of that loss. In some situations, it has been held that the period starts once the claimant is aware or could reasonably be aware that loss is connected to another’s act or omission, even where expert reports come later.
For Simplicity Legal’s clients, this often comes as a surprise. Many assume that negotiations “stop the clock”, but unless formal court proceedings or certain other steps are taken, the period runs regardless of discussions. That is why taking early, structured legal advice on time limits in Scotland is so important if you may have a claim for damages.
Do negotiation, complaints or ADR stop the clock?
In many cases, informal negotiation, internal complaints procedures or alternative dispute resolution do not automatically interrupt prescription or limitation periods. Unless the parties agree to extend a period where legislation allows, or unless a formal “relevant claim” is made in court or through a recognised process, the period can continue to run in the background.
This means that a claimant can be in active correspondence with a defender, or engaged in alternative dispute resolution, and still find that the claim has prescribed because proceedings were not raised in time. For people trying to resolve matters amicably, that can feel counterintuitive and unfair, but it is a real risk in the law of prescription.
When Simplicity Legal is involved early, the dispute resolution team can help structure talks or mediation while keeping a careful eye on when proceedings must be raised if no settlement is reached. That might include advising when it is necessary to raise an action in the sheriff court or the Court of Session to protect your position, even if negotiations are still ongoing.
Where are claims raised – and does the court affect time limits?
Most civil actions in Scotland are raised in the sheriff court, often under simple procedure for lower-value disputes or ordinary procedure for higher-value or more complex claims. Larger or more complex actions in Scotland, including high-value commercial cases, may be raised in the Court of Session, which sits in Edinburgh and deals with significant litigation.
The choice between the sheriff court and the Court of Session does not usually change the underlying prescriptive or limitation period, but it will affect how court proceedings unfold. There are also appeal routes, including to the Sheriff Appeal Court, which handles certain appeals from the sheriff court, and ultimately to the UK Supreme Court in limited circumstances.
Simplicity Legal helps clients decide not just whether they are within the time limit, but also which forum is most suitable for their legal action and how best to pursue or defend claims in Scotland. The firm works regularly with the Scottish Courts and Tribunals Service processes and rules, guiding clients step by step through what can otherwise feel like a daunting system.
What if you only recently discovered the problem?
Many people only realise they may have a claim long after the original events – for example, discovering problems with a property years after purchase, or learning that earlier negligent advice has led to unexpected tax or financial consequences. In such situations, the key legal question becomes when the claimant is treated as aware, or could reasonably have been aware, of the loss and of the person responsible.
The updated discoverability test under the 2018 Act focuses on when a person knows that loss has occurred as a result of someone else’s act or omission and who that person is, rather than requiring full knowledge of every detail or legal consequence. However, courts will still expect a degree of reasonable diligence, and being unaware because you chose not to investigate can limit your ability to rely on later awareness.
Simplicity Legal often works with clients in exactly this position, reviewing timelines, correspondence and expert reports to identify when the relevant time started. This careful analysis can be the difference between a viable claim and one that has been lost to negative prescription.
How can Simplicity Legal help you stay “within the time limit”?
Understanding limitations, prescriptions and time bars can be challenging even for professionals, never mind for individuals or small businesses already stressed by a dispute. Simplicity Legal’s dispute resolution team is used to cutting through the legal jargon and explaining, in plain English, what time limits apply, when the period starts to run, and what steps are needed to protect your position.
For many clients, the first step is simply to sit down with a solicitor, talk through what has happened and when, and then decide together whether to raise a claim, try negotiation, or consider alternative dispute resolution. The team can also advise on whether a claim for damages is best pursued in the sheriff court or Court of Session, and how to balance the cost and risk of litigation with other practical options.
If you think you may have suffered loss, or may have a claim connected to negligence, breach of contract or a personal injury incident, contacting Simplicity Legal sooner rather than later can give you more room to manoeuvre. A short conversation can clarify whether you need to take legal action quickly or whether there is still time to explore more collaborative dispute resolution options first.
Key things to remember about time limits for legal claims in Scotland
- Most contractual and negligence-based claims in Scotland are subject to a five-year prescriptive period, while many personal injury claims have a three-year limitation period.
- The clock does not always run from the date of the act or omission; it often runs from when loss was first sustained and, for certain claims, when you were or could reasonably have been aware of that loss.
- Prescription in Scotland can extinguish rights completely, so if proceedings are not raised within the relevant time, your right to claim may disappear altogether.
- Negotiations, complaints and some forms of ADR do not automatically stop time limits, so you may need to raise court proceedings to preserve your position even while talks continue.
- Scottish time limits are technical, and recent reforms under the 2018 Act and evolving case law make early, tailored legal advice from a Scottish dispute resolution solicitor extremely important.
