Prescription (Scotland) Bill

Author: Sarah Harvie-Clark

PDF Published: Thursday 15 Mar 2018 (SB18-22)

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Overview
Report

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Overview
Report
- Executive Summary
- Background to the Bill
  - Overview
  - Policy development and consultation process
  - An introduction to the law of prescription
    
    Terminology
    
    Terminology associated with prescription
    
    Prescription should not be confused with limitation
    
    Some court-related terminology
    
    Why do we have a law of prescription?
    
    The current law
  - What the Bill would do
- Policy issues associated with the Bill
  - The scope of five year prescription (section 3 of the Bill)
    
    Background
    
    List 1 - what is included in five year prescription
    
    List 2 - what is not included in five year prescription
    
    What section 3 says
    
    Reaction to section to 3 on consultation
    
    All statutory obligations or only those to pay money?
    
    What should the exceptions be?
    
    Taxes, duties and forfeiture
    
    Taxes and duties
    
    Forfeiture
    
    National insurance contributions
    
    Council tax and business rates
    
    Child maintenance, social security and tax credits
    
    Child maintenance
    
    Social security benefits and tax credits
  - The discoverability test (section 5)
    
    Background
    
    What section 5 says
    
    Reaction to section 5
  - Twenty year prescription (sections 6 - 8)
    
    Changing the start date of twenty year prescription (section 8)
    
    Background
    
    What section 8 says
    
    Reaction to section 8
    
    Should the twenty year prescription be able to be interrupted or extended? (sections 6, 7 and 12)
    
    Background
    
    What the Bill says
    
    Reaction to the proposals
    
    Interruptions
    
    An extension to the twenty year period to allow litigation to finish
  - 'Contracting out' of prescription and 'standstill agreements' (section 13)
    
    Background
    
    What section 13 says
    
    Reaction to the SLC proposals
    
    Extending the prescriptive periods
    
    Shortening the prescriptive periods
  - 'Hard cases' and the parliamentary petition in the name of Hugh Paterson (PE01672)
    
    Background
    
    A recap on prescription and damages cases
    
    Problems with a house purchase
    
    What can go wrong
    
    What can the person affected do when this happens
    
    Responses to Mr Paterson's situation
    
    What the Scottish Law Commission said
    
    What the Scottish Government said
    
    Mr Paterson's latest response
Sources

Scottish Parliament. (2018, February 8). Prescription (Scotland ) Bill [online]. Retrieved from http://www.parliament.scot/parliamentarybusiness/Bills/107653.aspx [accessed 7 March 2018]

Scottish Law Commission. (2017, July). Report on Prescription. Retrieved from https://www.scotlawcom.gov.uk/files/3414/9978/5138/Report_on_Prescription_Report_No_247.pdf [accessed 7 March 2018]

Scottish Parliament. (2017, October). PE01672: Scottish Law Commission Report on Prescription. Retrieved from http://external.parliament.scot/GettingInvolved/Petitions/prescriptionandlimitation [accessed 7 March 2018]

Supreme Court. (2014, July 30). David T Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48. Retrieved from https://www.supremecourt.uk/cases/uksc-2013-0104.html [accessed 7 March 2018]

Scottish Parliament. (2018, February 8). Prescription (Scotland) Bill [online]. Retrieved from http://www.parliament.scot/parliamentarybusiness/Bills/107653.aspx [accessed 7 March 2018]

Scottish Parliament. (2018, February 8). Prescription (Scotland) Bill: Policy Memorandum. Retrieved from http://www.parliament.scot/Prescription%20(Scotland)%20Bill/SPBill26PMS052018.pdf [accessed 7 March 2018]

Scottish Parliament. (2018, February 8). Prescription (Scotland) Bill: Explanatory Notes. Retrieved from http://www.parliament.scot/Prescription%20(Scotland)%20Bill/SPBill26ENS052018.pdf [accessed 7 March 2018]

Scottish Parliament. (2018, February 8). Prescription (Scotland) Bill: Financial Memorandum. Retrieved from http://www.parliament.scot/Prescription%20(Scotland)%20Bill/SPBill26FMS052018.pdf [accessed 7 March 2018]

Scottish Parliament. (2018, February 8). Prescription and Limitation (Scotland) Bill: Delegated Powers Memorandum. Retrieved from http://www.parliament.scot/Prescription%20(Scotland)%20Bill/SPBill26DPMS052018.pdf [accessed 8 March 2018]

Scottish Parliament. (2018, February 8). Prescription (Scotland) Bill: Statement on Legislative Competence. Retrieved from http://www.parliament.scot/Prescription%20(Scotland)%20Bill/SPBill26LCS052018.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, February). Discussion Paper on Prescription. Retrieved from https://www.scotlawcom.gov.uk/files/3514/5614/9429/Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, July). Discussion Paper on Prescription - Summary. Retrieved from https://www.scotlawcom.gov.uk/files/4814/5613/5656/Discussion_Paper_on_Prescription_-_Summary_DP_No_160.pdf

Scottish Law Commission. (2016, July). Collated Responses. Retrieved from https://www.scotlawcom.gov.uk/files/1714/7695/1874/Collated_responses_to_Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, March). Consultation Draft of Prescription (Scotland) Bill.. Retrieved from https://www.scotlawcom.gov.uk/files/2914/8829/5225/Consultation_Draft_March_2017_A06.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, March). Responses to Consultation on Draft Prescription (Scotland) Bill. Retrieved from https://www.scotlawcom.gov.uk/law-reform/law-reform-projects/completed-projects/aspects-of-the-law-of-prescription/responses-to-consultation-on-draft-prescription-scotland-bill/ [accessed 7 March 2018]

Scottish Law Commission. (2017, July). Report on Prescription - Summary. Retrieved from https://www.scotlawcom.gov.uk/files/4714/9978/5280/Report_on_Prescription_-_Summary_Report_No_247.pdf [accessed 7 March 2018]

Scottish Government. (2017, September). Response to the Report on Prescription. Retrieved from https://www.scotlawcom.gov.uk/files/5815/0608/8192/Response_from_the_Scottish_Government_to_Report_on_Prescription_No_247.pdf [accessed 7 March 2018]

Scottish Government. (2017, September). A Nation with Ambition: The Government's Programme for Scotland 2017-18. Retrieved from http://www.gov.scot/Resource/0052/00524214.pdf

Scottish Government. (2017, September 17). Letter from the Minister for Community Safety and Legal Affairs to the Scottish Law Commission. Retrieved from http://www.parliament.scot/S5_Delegated_Powers/SG_letter_to_SLC.pdf [accessed 13 March 2018]

Scottish Government. (2018, March 13). Email from the Scottish Government to SPICe (private communication).

Scottish Parliament. (2017, July 28). Limitation (Childhood Abuse)(Scotland) Bill [online]. Retrieved from http://www.parliament.scot/parliamentarybusiness/Bills/102163.aspx [accessed 2018 March 2018]

Scottish Law Commission. (2016, February). Discussion Paper on Prescription, para 2.46. Retrieved from https://www.scotlawcom.gov.uk/files/3514/5614/9429/Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, July 3). Report on Prescription, para 2.22. Retrieved from https://www.scotlawcom.gov.uk/files/3414/9978/5138/Report_on_Prescription_Report_No_247.pdf [accessed 6 March 2018]

Scottish Law Commission. (2017, July). Report on Prescription, para 2.25. Retrieved from https://www.scotlawcom.gov.uk/files/3414/9978/5138/Report_on_Prescription_Report_No_247.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, July). Collated Responses to the Discussion Paper on Prescription. Retrieved from https://www.scotlawcom.gov.uk/files/1714/7695/1874/Collated_responses_to_Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, March). Response to the online consultation on the working draft of the Prescription (Scotland) Bill. Retrieved from https://www.scotlawcom.gov.uk/files/8914/9848/4473/HMRC.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, July). Collated Responses. Retrieved from https://www.scotlawcom.gov.uk/index.php/download_file/view/1601/699/ [accessed 7 March 2108]

Scottish Parliament. (2017, June). Social Security (Scotland) Bill. Retrieved from http://www.parliament.scot/parliamentarybusiness/Bills/105267.aspx [accessed 7 March 2018]

Supreme Court. (2014). David T Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48. Retrieved from https://www.supremecourt.uk/cases/uksc-2013-0104.html [accessed 7 March 2018]

Supreme Court. (2017, November). Gordon and others, as the Trustees of the Inter Vivos Trust of the late William Strathdee Gordon (Appellants) v Campbell Riddell Breeze Paterson LLP (Respondent) (Scotland) [2017] UKSC 75. Retrieved from https://www.supremecourt.uk/cases/uksc-2016-0142.html [accessed 7 March 2018]

Scottish Law Commission. (2016, February). Discussion Paper on Prescription, para 4.3. Retrieved from http://www.scotlawcom.gov.uk/files/3514/5614/9429/Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, July). Collated responses. Retrieved from https://www.scotlawcom.gov.uk/index.php/download_file/view/1601/699/ [accessed 6 March 2018]

Scottish Law Commission. (2016, July). Discussion Paper, para 7.3. Retrieved from https://www.scotlawcom.gov.uk/files/3514/5614/9429/Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2016, July). Discussion Paper on Prescription, para 7.3. Retrieved from https://www.scotlawcom.gov.uk/files/3514/5614/9429/Discussion_Paper_on_Prescription_DP_No_160.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, July). Report on Prescription, para 5.8. Retrieved from https://www.scotlawcom.gov.uk/files/3414/9978/5138/Report_on_Prescription_Report_No_247.pdf [accessed 7 March 2018]

Scottish Law Commission. (2017, July 3). Report on Prescription, paras 4.3 and 4.4. Retrieved from https://www.scotlawcom.gov.uk/files/3414/9978/5138/Report_on_Prescription_Report_No_247.pdf [accessed 6 March 2018]

Scottish Government. (2018, January 25). Scottish Government submission of 25 January 2018. Retrieved from http://external.parliament.scot/gettinginvolved/petitions/prescriptionandlimitation [accessed 8 March 2018]

Scottish Parliament. (2018, February 15). PE01672/B Petitioner submission of 15 February 2018. Retrieved from http://external.parliament.scot/S5_PublicPetitionsCommittee/Submissions%202018/PE1672_B.pdf [accessed 7 March 2018]

Last Updated: 18/4 8:06pm

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