Limitation Periods for Various Claims in Scottish Civil Law


Produced in partnership with Mark Boni of Faculty of Advocates/Ampersand Advocates
Practice notes
Scottish Law

Limitation Periods for Various Claims in Scottish Civil Law


Produced in partnership with Mark Boni of Faculty of Advocates/Ampersand Advocates

Practice notes
Scottish Law
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This Practice Note considers the law of limitation in Scotland. For guidance on:

  1. •

    the law of Prescription in Scotland, see Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to make reparation/pay damages

  2. •

    other issues to consider before bringing a civil Claim in a Scottish court and how to start and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which link through to more detailed guidance

  3. •

    other aspects of Scottish civil litigation, see: Scottish DR: civil appeals and judicial review—overview, Scottish DR: Enforcement—overview and Scottish DR: settlement and ADR—overview, which link through to detailed guidance on specific aspects of dispute resolution in Scotland

  4. •

    other key areas of Scots law and procedure, see our Scotland toolkit

  5. •

    the closest equivalent in England and Wales, see: Limitation: general—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of the law of limitation

Mark Boni
Mark Boni

Advocate, 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 contractual and property disputes, professional negligence claims and intellectual property actions.

Mark tutors “Commercial Law”, “Public Law of the UK and Scotland” and “Public Law and Individual Rights” at the University of Edinburgh.

Mark has a particular interest in contract, prescription, personal insolvency, private client litigation and human rights.

Mark is presently updating the “Prescription and Limitation” title for the Stair Memorial Encyclopaedia.

In 2022, Mark was ranked by Legal 500 as a tier 2 leading junior counsel for commercial disputes.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Prescription definition
What does Prescription mean?

A means of acquiring an easement or Profit à prendre by long use.

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