In August 2025, the Inner House of the Court of Session published a decision in which the judges made two significant findings impacting the law on prescription in Scotland. First, the court significantly narrowed the scope for claimants in Scotland to rely on the relief mechanism in Section 6(4) of the Prescription and Limitation (Scotland) Act 1973 when faced with time bar defences. Secondly, it reshaped the legal landscape in Scotland in relation to the prescription of collateral warranties, finding that a collateral warranty could give rise to a fresh five year prescriptive period. These are two considerable changes to the legal landscape which will have far reaching consequences in the context of construction claims.




