The Scottish Government has announced its intention to amend legislation in Scotland so that personal injury claimants will have 5 years following an accident in which to raise court proceedings. This follows the recent consultation on the Civil Law of Damages. You can read the Government’s response paper here.
The period of limitation for personal injury claims has been set at 3 years for many decades now. The paper confirms that most respondents thought that it was in the public interest for disputes to be resolved as quickly as possible and that 3 years was sufficient time to raise an action. However, the justification for the change is principally based on the difficulty a 3 year time limit presents in more complex cases such as industrial disease.
This is another in a line of recent developments which highlights the increasing divergence between the Scottish and English & Welsh civil compensation systems.
On December 20, 2013