Prescription is the legal rule in Scotland that prevents a person from pursuing their legal rights to a claim after a certain time period has elapsed (the equivalent in England is limitation). A claim ‘prescribes’ when the relevant time period runs out (known as the ‘prescriptive period’). For contractual claims, the prescriptive period is five years. However, the start date at which that five-year period begins can be difficult to determine, leaving a pursuer in an uncertain position as to their ability to pursue their claim.

A recent case demonstrates the effectiveness of contractual liability clauses, as a paper printing company’s £29.68 million claim has been limited to just £3,225.06.

Benkert UK Ltd v Paint Dispensing Ltd, decided recently by the Scottish Outer House of the Court of Session, considered a limitation of liability clause in a contract between two companies.

Following the Autumn 2018 Budget, the Government has recently launched a consultation on how to encourage greater innovation in the utilities sectors.

Amongst those measures is a review by the National Infrastructure Committee (NIC) into the operation of UK regulators and the potential establishment of a multi-sector “super-regulator” for utilities.

In our summer Property Disputes Update, we offer you some Brexit respite and instead look at recent court decisions covering a range of tantalising topics including the interplay between a tenant’s right to quiet enjoyment and a landlord’s right to rebuild, how the creation of easements by prescription may be prevented, and the impact of human rights arguments on possession claims against residential tenants. We finish by looking at what happens when a mortgage lender’s standard conditions differ from those in an offer made to a borrower