Mike Dailly, GLC solcitor advocate, gave evidence on the Prescription (Scotland) Bill. There was much to consider. Mike Dailly reported that it was an excellent session. The Scottish Parliament official report is here You can watch the full session online: here
Mike was giving evidence on behalf of GLC, along with Mike Holmyard of Citizens Advice Scotland. The Committee’s Stage 1 inquiry on the Bill is ongoing, with the Minister scheduled to appear before the Committee in future weeks.
The Scottish Government’s aim – and the starting point of the Scottish Law Commission original Discussion Paper thinking – was to create clarity, simplicity, certainty and fairness in the law on prescription. GLC believes that this should mean all legal obligations are subject to a five year prescriptive period as a matter of principle. The current law, contained in the Prescription and Limitation (Scotland) Act 1973, is almost half a century old and the justification for requiring 20 years to pursue debts and obligations is outdated with today’s standards and technology.