Scotland court deadlines
When does the ordinary one-year publication claim period end?
Section 18A uses one year after actual publication, subject to its first-publication rule. The same publisher’s same or substantially same subsequent statement ordinarily uses the applicable first publication. A materially different subsequent publication requires the court’s determination. Disability, historical publication and discretionary relief remain separate.
- Period
- 12 calendar months after the established source event
- Trigger
- the actual applicable publication date under section 18A, including its first-publication rule
- Rule
- Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021
Current cited source. Supported actual events run from 2024-01-01 through 2028-12-31. Pure calendar endpoints are bounded through 2050-12-31. Later legal changes require review.
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When does the ordinary one-year publication claim period end?
Section 18A uses one year after actual publication, subject to its first-publication rule. The same publisher’s same or substantially same subsequent statement ordinarily uses the applicable first publication. A materially different subsequent publication requires the court’s determination. Disability, historical publication and discretionary relief remain separate.
Responsible actor. Person using the exact applicable statutory obligation, action, complaint or moratorium branch.
Establish the actual applicable publication date under section 18A, including its first-publication rule.
This is a qualifying defamation or section 21,22 or23 malicious-publication action. The applicable statement was published on or after August 8, 2022.
The ordinary one-year period after the established section 18A publication date. This does not determine defamatory meaning, harm, legal disability, valid commencement, a materially different publication or discretionary relief.
Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021How does this provision count time?
- Use the corresponding calendar date after the established source event. A target month without that date requires separate review.
- No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.
- Check the actual applicable source conditions and complete the required statutory process.
Use the corresponding calendar date after the established source event. A target month without that date requires separate review.
No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.
Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021What do independently checked examples show?
Fictitious example
Fictional established facts. The selected statutory event occurs on Thursday, October 15, 2026. Every stated scope condition is established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The selected statutory event occurs on Thursday, October 15, 2026. Every stated scope condition is established. Use the corresponding calendar date 12 months after the established event. No court-holiday extension is inferred. | Friday, October 15, 2027 |
| Example 2. Material procedural branch | Fictional established facts. The selected statutory event occurs on Monday, February 28, 2028. Every stated scope condition is established. Use the corresponding calendar date 12 months after the established event. No court-holiday extension is inferred. | Wednesday, February 28, 2029 |
| Example 3. Closed-day boundary | Fictional established facts. The selected statutory event occurs on Thursday, October 15, 2026. Every stated scope condition is established. The recipient office is confirmed closed on the ordinary endpoint. That closure does not change this statutory calculation. Use the corresponding calendar date 12 months after the established event. No court-holiday extension is inferred. | Friday, October 15, 2027 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- This is a qualifying defamation or section 21,22 or23 malicious-publication action. The applicable statement was published on or after August 8, 2022.
- Source condition 2
- I established actual publication. Receipt, later discovery or the date a complaint was answered is not substituted.
- Source condition 3
- For a same or substantially same subsequent statement by the same publisher, section 18A(1A) uses the applicable first publication. A pre-August 8, 2022 statement is not counted under section 18A(3B).
- Source condition 4
- The materially different branch requires an actual court determination under section 18A(1B). The calculator does not make that assessment.
- Source condition 5
- No time is disregarded for statutory nonage or unsoundness of mind under section 18A(2). No actual section 19A relief, transition or different enactment changes this ordinary period.
- Source condition 6
- The action must be commenced through its actual applicable court and service process. Drafting, lodging or another republication does not automatically establish timely commencement.
- The ordinary one-year period after the established section 18A publication date. This does not determine defamatory meaning, harm, legal disability, valid commencement, a materially different publication or discretionary relief.
- No. Section 18A(1A) ordinarily uses the first publication for the same publisher and same or substantially same statement. The materially different branch requires an actual court determination under section 18A(1B).
What must the responsible actor complete?
Questions about this procedure
When does the ordinary one-year publication claim period end?
When does the ordinary one-year publication claim period end?
Section 18A uses one year after actual publication, subject to its first-publication rule. The same publisher’s same or substantially same subsequent statement ordinarily uses the applicable first publication. A materially different subsequent publication requires the court’s determination. Disability, historical publication and discretionary relief remain separate.
Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021Does every republication restart one year?
No. Section 18A(1A) ordinarily uses the first publication for the same publisher and same or substantially same statement. The materially different branch requires an actual court determination under section 18A(1B).
Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021How are weekends and office closures handled?
No automatic weekend, bank-holiday or office-closure extension applies. Complete the actual legally required act through its applicable route and cutoff.
Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Prescription and Limitation (Scotland) Act 1973 s 18A(1)-(4),19A; Defamation and Malicious Publication (Scotland) Act 2021 | Check the identified procedure, event, counting rule or qualification |