In Scotland, unlike England and Wales, “status quo agreements” are generally not used to extend these deadlines due to doubts about their jurisdiction. This means that the only way to preserve the law is to bring and serve a lawsuit. If this is not the case, the right to impose the obligation is extinguished. It should be noted, however, that in the sense of such an agreement, the parties cannot benefit from the freedom of the workforce. Immobility only rehabilitates: the bill will allow the parties to enter into status quo agreements. In addition, the new legislation will allow the parties to enter into a “status quo agreement” to extend the limitation period by up to one year in certain circumstances. This will replace the current practice of asserting rights and freezing them while further investigations are conducted. The Act also provides for status quo agreements that allow the parties, in certain circumstances, to agree to a one-year extension of the five-year limitation period. Only one extension is granted to this period. The purpose of this provision is to prevent unnecessary legal proceedings from being invoked only to protect against the effects of over-knowledge. This is an expensive task, especially if the parties are already negotiating. For practical reasons, the most important effect is that the parties can agree on an extension of the limitation period, which is usually done south of the border by signing a “status quo agreement”. The same regime cannot work for a right that no longer exists, so in Scotland the prescribed time limit cannot currently be extended by mutual agreement, whereas the new legislation should offer a limited possibility.
It is not clear to what extent these limited status quo will be applied in practice as soon as the law comes into force, but their implementation is certainly welcome. The 20-year endpoint cannot be interrupted by either a claim or an appropriate recognition, and it will not be possible to extend the period by status quo agreements to ensure that it is indeed a long judgment in terms of name and effect. Silences are often used to maintain the position, while the parties try to negotiate a dispute. Although they are widely used in other jurisdictions, they are not yet available in Scotland. At present, the only option to discontinue the statute of limitations in Scotland is for the applicant to take and purify a “judicial stay” procedure, or for the debtor to make “relevant confirmation” (which must meet the fairly restrictive criteria set out in Section 10 of the Act). 1.19 All our deliberations are available online: consult.gov.scot. Each consultation describes the issues being addressed as well as a way for you to give us your opinion, either online, by email or by mail. The issue of negative prescribing in practice is not resolved by the passage of the law. Once the bill has royal approval, there will be other regulations that will deal with the transition from ICL practice to the system under the act. This will be an important issue for appeals to the courts and the Court of Justice.