Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

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

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Practice notes

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 damages’.

When obligations to pay damages become enforceable

Under PL(S)A 1973, s 11(1), an obligation to pay damages (regardless of its source) for loss, injury or damage arising from an act or omission is, for the purposes of PL(S)A 1973, s 6, treated as enforceable on the date the loss, injury or damage happens. It is significant to note that there can be...

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Mark Boni

Faculty of Advocates/Ampersand Advocates

Mark called to the Scottish Bar in 2020, having qualified as a solicitor in 2014.Mark has experience in a wide range of commercial, private and public law litigation. As a solicitor and latterly associate with a well-known litigation firm, he regularly appeared in the Sheriff Courts conducting proofs and debates and also acted for clients in a number of high profile judicial reviews. In addition, Mark has conducted many procedural hearings, opposed motions and interim order hearings, including urgent interdict hearings.Mark has experience of litigating in the Sheriff Courts, Sheriff Appeal Court, Lands Tribunal, Court of Session (Outer and Inner Houses) as well as the UK Supreme Court. Mark also has experience in alternative dispute resolution, including arbitration and mediation.Whilst devilling, Mark was a Lord Hope Scholar and was involved in a variety of complex and high value cases including...

Web page updated on 21/05/2026

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