Closed petition PE1860: New legislation for Prescription and Limitation Act
Calling on the Scottish Parliament to urge the Scottish Government to amend the Prescription and Limitation Act to allow retrospective claims to be made.
Previous action taken
I have raised this issue with Shirley-Anne Somerville MSP and the Law Society of Scotland.
Prescription sets time limits after which legal obligations (and associated rights) will be extinguished. Prescription and limitation are very similar, both containing time limits which courts must consider.
Where rights are thwarted for no fault of any petitioner a safety net in terms of legislation would be humane and serve justice.
In my own experience, lawyers failed to serve a writ in time and such a delay stopped my rights. Many Scots may benefit from the action being proposed in my petition, as I hope to, if new law allows.
Others may also benefit by extension of rules, especially if circumstances out of their control unjustly thwarts their rights.
A good outcome for others in Scotland enduring similar deprivation to mine, is also my hope.
This petition was considered by the Scottish Parliament