Scotland court deadlines
When does the ordinary section 17 personal injury period end?
Section 17 uses three years after the later applicable injury or continuing-act cessation date, or the established statutory awareness date. The knowledge test includes reasonably practicable awareness of every specified fact. Legal disability, fatal injury, excluded abuse claims, special enactments and discretionary relief require their actual rules.
- Period
- 36 calendar months after the established source event
- Trigger
- the established applicable later date under section 17(2)
- Rule
- Prescription and Limitation (Scotland) Act 1973 ss 17,18,18ZA,19A
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 section 17 personal injury period end?
Section 17 uses three years after the later applicable injury or continuing-act cessation date, or the established statutory awareness date. The knowledge test includes reasonably practicable awareness of every specified fact. Legal disability, fatal injury, excluded abuse claims, special enactments and discretionary relief require their actual rules.
Responsible actor. Person using the exact applicable statutory obligation, action, complaint or moratorium branch.
Establish the established applicable later date under section 17(2).
This is a qualifying section 17 personal injury damages action. A fatal-injury action under section 18, excluded abuse claim under section 18ZA or another special statutory action is outside this model.
The ordinary three-year section 17 period from the established statutory date. This does not determine legal knowledge, disability, valid commencement, discretionary relief or whether the action is barred.
Prescription and Limitation (Scotland) Act 1973 ss 17,18,18ZA,19AHow 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 ss 17,18,18ZA,19AWhat 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 36 months after the established event. No court-holiday extension is inferred. | Monday, October 15, 2029 |
| 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 36 months after the established event. No court-holiday extension is inferred. | Friday, February 28, 2031 |
| 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 36 months after the established event. No court-holiday extension is inferred. | Monday, October 15, 2029 |
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 section 17 personal injury damages action. A fatal-injury action under section 18, excluded abuse claim under section 18ZA or another special statutory action is outside this model.
- Source condition 2
- I established the actual injury date and any continuing act or omission. The selected section 17(2)(a) date is the later applicable injury or cessation date.
- Source condition 3
- For a later-knowledge branch, the date meets every section 17(2)(b) fact and its reasonably-practicable-awareness test. Later actual discovery alone does not establish that legal date.
- Source condition 4
- No time is disregarded for statutory legal disability by reason of nonage or unsoundness of mind under section 17(3).
- Source condition 5
- No actual section 19A decision, special enactment, transition or order changes this ordinary period. The calculator does not grant discretionary relief.
- Source condition 6
- The action must be commenced through the actual applicable valid court and service process. Drafting or lodging alone does not automatically establish timely commencement.
- The ordinary three-year section 17 period from the established statutory date. This does not determine legal knowledge, disability, valid commencement, discretionary relief or whether the action is barred.
- No. Section 17(2)(b) includes a reasonably-practicable-awareness test and all specified facts. Later discovery alone does not establish the statutory date.
What must the responsible actor complete?
Questions about this procedure
When does the ordinary section 17 personal injury period end?
When does the ordinary section 17 personal injury period end?
Section 17 uses three years after the later applicable injury or continuing-act cessation date, or the established statutory awareness date. The knowledge test includes reasonably practicable awareness of every specified fact. Legal disability, fatal injury, excluded abuse claims, special enactments and discretionary relief require their actual rules.
Prescription and Limitation (Scotland) Act 1973 ss 17,18,18ZA,19ADoes the date I discovered an injury always start three years?
No. Section 17(2)(b) includes a reasonably-practicable-awareness test and all specified facts. Later discovery alone does not establish the statutory date.
Prescription and Limitation (Scotland) Act 1973 ss 17,18,18ZA,19AHow 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 ss 17,18,18ZA,19AOfficial sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Prescription and Limitation (Scotland) Act 1973 ss 17,18,18ZA,19A | Check the identified procedure, event, counting rule or qualification |