prescription and limitation of actions

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PRESCRIPTION AND LIMITATION OF ACTIONS 7TH EDITION ELEANOR J RUSSELL | GREENS ANNOTATED ACTS

PRESCRIPTION AND LIMITATION OF ACTIONS 7TH EDITION

ELEANOR J RUSSELL • GREENS ANNOTATED ACTS

The new 7th Edition of this annotated act, the first since 2002, takes a fresh look at the Prescription and Limitation (Scotland) Act 1973, a piece of legislation governing the effects of the passage of time on rights and obligations. This book provides a full text copy of the Prescription and Limitation (Scotland) Act 1973 with annotations interpreting the law, along with a narrative introduction providing essential general guidance. Our expert author Eleanor Russell provides expert insight on both positive prescription (whereby a title becomes unchallengeable after a certain lapse of time) and negative prescription (whereby obligations are extinguished or rights are lost after the passage of a certain period of time). The author also guides the reader through the law of limitation, whereby a person’s right of action becomes unenforceable after a certain period of time.

The text is fully updated throughout to take account of important amending legislation including the Land Registration etc (Scotland) Act 2012 and the Arbitration Act 2010. Also included are significant decisions from the courts such as Aitchison v Glasgow City Council [2010] and David T Morrison v ICL Plastics [2014]. This new edition is expanded to include two brand new

chapters on Limitation in respect of proceeds of crime and The courts inherent power to put an end to a pending action.

This is an easy to use and reliable resource on an area of law which throws up regular challenges for practitioners in Scotland. This brand new edition of Prescription and Limitation of Actions provides the reassurance that the answers you need can be easily found within its pages.

The rules of prescription and limitation of action are highly complicated and directly relevant to contract, delict, property and conveyancing, making the Act of great practical importance to practitioners of multiple disciplines. This text ensures that you the reader not only have an in-depth explanation of the Act to hand but also the assurance that you are working with a ready reference which is entirely up to date, allowing you quick and easy access to the answers you need to advise your clients with confidence.

Eleanor J Russell is a Senior Lecturer in Law at Glasgow Caledonian University and a qualified solicitor with extensive experience working in both private practice and with a local authority.

This annotated version of the Act provides: • A full text copy of the 1973 Act – providing easy reference to the legislation • Detailed discussion of relevant case law – demonstrating how the courts have interpreted the various provisions • Comprehensive coverage of the law around prescription and limitation – unlike other texts which touch on the subject this annotated Act provides all the answers you need at your fingertips • Two brand new chapters on proceeds of crime and pending actions – a text which has been developed in line with the law as it stands now

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