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Mark Boni
Mark Boni

Faculty of Advocates/Ampersand Advocates

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6 Contributions by Faculty of Advocates/Ampersand Advocates Experts

Determining Scottish civil and commercial jurisdiction post‑Brexit: CJJA 1982, Hague instruments, intra‑UK allocation, transitional Brussels/Lugano rules and practical litigation points
PRACTICE NOTES
Determining Scottish civil and commercial jurisdiction post‑Brexit: CJJA 1982, Hague instruments, intra‑UK allocation, transitional Brussels/Lugano rules and practical litigation points
Practice Note This Practice Note summarises jurisdiction in Scotland, addressing the evaluation of whether a dispute is appropriate to be determined and resolved within Scotland...
Dispute Resolution
Five-year negative prescription for damages in Scotland: accrual, continuing acts, discoverability after the 2018 Act, latent defects/wasted expenditure, and collateral warranties—key principles and cases
PRACTICE NOTES
Five-year negative prescription for damages in Scotland: accrual, continuing acts, discoverability after the 2018 Act, latent defects/wasted expenditure, and collateral warranties—key principles and cases
This Practice Note offers direction on the distinct rules governing the prescriptive period for obligations to pay damages (previously, to make reparation). It ought to be read alongside Practice Note: Prescription in Scotland. Read it in tandem with that note for context and alignment within the overall wider prescriptive framework in Scotland. For insight into the law of limitation in Scotland, consult Practice Note: Limitation of actions in Scotland, which likewise addresses the distinctions between limitation and prescription in Scots law. Key: PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973 P(S)A 2018—Prescription (Scotland) Act 2018 PL(S)A 1973, s 11 concerns obligations to pay damages (irrespective of the obligation’s source). It applies to every action in contract or delict where damages are claimed. Until 28 February 2025, the section referred to obligations to ‘make reparation’ rather than to ‘pay
Dispute Resolution
Limitation of Actions in Scotland: distinctions from prescription, time limits, commencement, interruption and court discretion across personal injury, defamation, harassment, product liability, automated vehicles and construction products
PRACTICE NOTES
Limitation of Actions in Scotland: distinctions from prescription, time limits, commencement, interruption and court discretion across personal injury, defamation, harassment, product liability, automated vehicles and construction products
This Practice Note This Practice Note explores the law of limitation in Scotland. For guidance on: the law of prescription in Scotland, consult Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to pay damages other central areas of Scots law and procedure, refer to our Scotland collection the nearest equivalent in England and Wales, see Limitation: general—overview, which outlines the topic and links to more detailed guidance on various aspects of limitation in England and Wales Key AEVA 2018—Automated and Electric Vehicles Act 2018 LR(MP)(S)A 1980—Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 PL(S)A 1973—Prescription and Limitation (Scotland) Act 1973 P(S)A 2018—Prescription (Scotland) Act 2018 Difference between limitation and prescription in Scots law PL(S)A 1973, often called the ‘1973 Act’, addresses both prescription and limitation. They are, however, separate concepts, and the
Dispute Resolution
Prescription in Scotland: Positive Prescription; 2-, 5-, 10- and 20-year Negative Prescription; Computation, Interruption, Suspension, Contracting Out and Burden of Proof—Prescription (Scotland) Act 2018 Reforms (2022/2025)
PRACTICE NOTES
Prescription in Scotland: Positive Prescription; 2-, 5-, 10- and 20-year Negative Prescription; Computation, Interruption, Suspension, Contracting Out and Burden of Proof—Prescription (Scotland) Act 2018 Reforms (2022/2025)
This Practice Note reviews the current law of prescription in Scotland. Major reforms were introduced by the Prescription (Scotland) Act 2018 (P(S)A 2018). Sections 5 and 13 of the P(S)A 2018 took effect on 1 June 2022. The remainder came into force on 28 February 2025 under the Prescription (Scotland) Act 2018 (Commencement, Saving and Transitional Provisions) Regulations 2022, SSI 2022/78. For guidance on: the specific rules governing the prescriptive period for obligations to make reparation/pay damages, see Practice Note: Short negative prescription in Scotland—the prescriptive period for obligations to pay damages the law of limitation in Scotland, see Practice Note: Limitation of actions in Scotland, which also addresses the distinctions between limitation and prescription in Scots law the nearest equivalent in England and Wales, see: Limitation—overview which, as well as providing an outline of this topic, links to more
Dispute Resolution
Scottish civil litigation: relevance, admissibility, gathering and recovery of factual evidence, disclosure, privilege and presentation, with special procedures for commercial, intellectual property and personal injury actions
PRACTICE NOTES
Scottish civil litigation: relevance, admissibility, gathering and recovery of factual evidence, disclosure, privilege and presentation, with special procedures for commercial, intellectual property and personal injury actions
Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains: what factual evidence may and may not be led how to gather factual evidence (and when this may not be required) disclosure obligations in Scottish civil litigation and the effect of legal professional privilege how to place factual evidence before the court how to present the evidence in court Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on: matters to
Dispute Resolution
Scottish civil jurisdiction checklist: Brussels I (recast) and Lugano (transitional), Hague Choice of Court, CJJA 1982 Schedules 4 (intra-UK) and 8 (residual), plus consumer and employment rules
CHECKLISTS
Scottish civil jurisdiction checklist: Brussels I (recast) and Lugano (transitional), Hague Choice of Court, CJJA 1982 Schedules 4 (intra-UK) and 8 (residual), plus consumer and employment rules
This Checklist outlines jurisdiction in Scotland, considering whether a dispute should proceed in Scotland. For guidance on: which court to raise an action in, see Practice Note: Starting a civil claim in Scotland and Civil court structure in Scotland other aspects of Scottish civil litigation, see: Scottish DR: courts and civil procedure-overview, Scottish DR: prescription and limitation-overview, Scottish DR: starting a claim-overview, Scottish DR: case management and evidence-overview, Scottish DR: expenses and funding-overview, Scottish DR: civil appeals and judicial review-overview, Scottish DR: claims and remedies-overview, Scottish DR: enforcement-overview, and Scottish DR: settlement and ADR-overview, which link to detailed guidance on specific elements of dispute resolution in Scotland the position in England and Wales, see Practice Note: Jurisdiction-a guide for dispute resolution practitioners which, as well as giving an overview, links to more detailed guidance on various aspects of
Dispute Resolution
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