For the Scottish legal practitioner, questions of prescription and limitation arise almost every day and are often of exceptional importance. Yet in all but the simplest case it is far from straightforward to identify precisely:
- When a right or obligation has been extinguished by negative prescription
- When it has been fortified by positive prescription
- When it has been barred by limitation
The terms of the statute that governs most of these questions, the Prescription and Limitation (Scotland) Act 1973, are complex and can be obscure . Practitioners therefore need a close examination of the 1973 Act and its operation in practice. This is the challenge taken up by David Johnston, who has a keen understanding and great practical experience of this area of the law.