As we are in an unprecedented period, groups representing a large majority of justice practitioners in the field of aggression have come together in a joint effort to reach agreement on freezing prescription periods for a short period, while the outcome of the pandemic is unknown. The ABI and the Association of Personal Injury Lawyers have agreed on a position in cases where the restriction could be addressed in the coming months. This is stated below: The agreement is hosted on the ABI website and on the APIL website, as well as a list of the prosecuting parties and defenders who signed the agreement. Given the uncertainty of the current situation and the potential for an extension of the limitation period, the parties agree that this agreement will be reviewed by April 13, 2020. In addition to the agreements they have already concluded in Scotland and England and Wales, the APIL, FOIL and ABI have negotiated a personal injury protocol that applies to that jurisdiction. It deals, among other things, with statutes of limitations and the meaning of the procedure. The two representative bodies agreed that the parties should act by mutual agreement on the deadlines and not seek to unfairly exploit a party that does not comply with a procedural request. In other words, no restricted action will be brought by a contracting party with respect to personal injury claims that would otherwise have a “time freeze” between March 30, 2020 and April 20, 2020, pursuant to Act 17 and 18 of the Prescription and Limitation (Scotland) Act 1973. This date may still be changed, as the parties will reconr meet on April 13, 2020 to consider whether further agreements are needed and whether the amnesty should be extended. The APIL and ABI have agreed on a position in cases where a restriction could be a problem in the coming months. A timetable for the basis of the agreement is attached. It is hosted on the ABI www.abi.org.uk website and on the APIL website www.apil.org.uk/files/scotland-response-to-covid-19-20200402.pdf as well as a list of chasing parties and advocates who have signed the agreement. For the purposes of Sections 17 and 18 of the Statute and Limitation Act (Scotland) Act 1973 (“The Act of 1973”), for any claim for personal injury compensation, which would otherwise be “prescribed” by the 1973 Act between March 30, 2020 and April 20, 2020 (the “prescription period”), the parties will not bring a prescription action for that period.

Posted by / april 8, 2021
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