Prescription (Scotland) Act 2018 and how this affects payment of legal aid accounts where there has been lengthy delay by the solicitor responding to SLAB actions

The Prescription (Scotland) Act 2018 came into full force and effect on 28 February 2025.

The Act amends the Prescription & Limitation (Scotland) Act 1973 to include statutory obligations in the list of obligations which prescribe after five years.

From time to time, solicitors submit claims for payment, but do not timeously respond or follow-up in relation to any offer or request for further information.

Solicitors who do not respond should be clear that our position is that the change to the law has the effect that any obligation on our part to make payment will have prescribed where, in relation to any accounts submitted for payment:

1. There has been a payment on offer, but the solicitor has not replied to us within a period of five years from the date the offer of payment was issued; and/or
2. We have requested information to assess the claim, but the solicitor has not responded to us within a period of five years from the date the request for information was issued.

We cannot make payment (or further payment) in respect of claims which have prescribed.

More information

Please contact:

Eileen Grant

Manager Accounts Assessment

Email: manager.accounts@slab.org.uk