Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Prescription definition

What does Prescription mean? In property practice, prescription is the process by which rights are acquired over another’s land—most often an easement or profit à prendre—by long, uninterrupted use ‘as of right’ (nec vi, nec clam, nec precario). Used to establish rights of way, drainage and rights to take natural products. England and Wales: acquisition may arise at common law (largely theoretical), under the doctrine of lost modern grant (typically 20 years’ user), or under the Prescription Act 1832 (qualified rights after 20 years; absolute after 40), all shaped by case law. Northern Ireland: the position broadly mirrors England and Wales, with statutory prescription derived from...

Scottish Pensions Litigation: Prescription Timelines, Deed Requirements, Rectification and Constructive Interpretation, Amendment Formalities, Presumption of Regularity, Judicial Pragmatism and Group Proceedings

Published by a LexisNexis Pensions expert

Practice notes

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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 Prescription and Limitation (Scotland) Act 1973 and, for present purposes, include ‘any obligation arising from, or by reason of any breach of contract’...

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Frances Ennis

Bellwether Green

Frances is commercial litigation lawyer with significant experience, appearing in courts throughout Scotland.A substantial part of her practice has involved advising clients including trustees, employers and employees in relation to all major aspect of pension scheme administration. She has acted in the following cases:-Low & Bonar -v- Mercer [2010] CSOH 47SSSPF -v- Pattison & Sim [2015] CSIH 96Scottish Pension Fund Trustees -v- Marshall Ross & Munro [2018] CSIH 39Cunningham -v- Pensions Ombudsman [2019] CSIH 48Frances has extensive experience in contentious pensions issues from recovery of Fund overpayments and section 75 debts to interpretation and rectification of Scheme documentation, advice on pension liability in employer restructures and fund insurance.She has represented clients on contentious pension issues on a wide variety of sectors including Government schemes, quarrier and aggregate and global manufacturing companies as well as investment trusts. She also acts in relation to...

Web page updated on 21/05/2026

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