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Frances Ennis
Frances Ennis

Bellwether Green

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1 Contributions by Bellwether Green Experts

Scottish Pensions Litigation: Prescription Timelines, Deed Requirements, Rectification and Constructive Interpretation, Amendment Formalities, Presumption of Regularity, Judicial Pragmatism and Group Proceedings
PRACTICE NOTES
Scottish Pensions Litigation: Prescription Timelines, Deed Requirements, Rectification and Constructive Interpretation, Amendment Formalities, Presumption of Regularity, Judicial Pragmatism and Group Proceedings
Prescription The first step for any legal adviser contemplating raising an action is to identify the period within which any claim must be commenced. In Scotland, this is governed by the Prescription and Limitation (Scotland) Act 1973, which addresses the ‘prescription of obligations’ (as distinct from the ‘limitation of actions’ in England and Wales). General principles Before settling on any timeframe within which a claim about an obligation should be brought, it is necessary to identify the nature of the obligation and, in consequence, the part of the 1973 Act that applies. In broad terms, disputes concerning the administration of pension schemes may fall within the Prescription and Limitation (Scotland) Act 1973, s 6, although issues can extend from professional negligence claims against scheme administrators to liability for contingent debt. The obligations covered by section 6 are set out in Schedule 1 to the
Pensions
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