If you think you have a legal claim, it is easy to assume that you are ‘safe’ as soon as a solicitor has drafted court papers or the court has received them. In Scotland, that assumption can be risky. Many claims are subject to statutory deadlines. Missing the deadline can mean the court will not allow the claim to proceed, even if the matter pursued is genuine.
What is a time bar?
A time bar is a legal deadline for starting a court action. If you do not take the required steps within the time allowed, you can lose the right to pursue the claim. In practice, the defender (the person you are claiming against) may argue that your case is out-of-time and the court can dismiss it without ever hearing any evidence.
Why does it matter when an action commences?
Time limits are not only about having a claim, they are about starting it properly. Scots law refers to an action “commencing” (in other words, when the court action is treated as formally started for time-limit purposes).
That is why preparing papers in time is not always enough. Depending on the type of case and court procedure, simply drafting documents, lodging them, or even sending copies to the other person may not meet the legal test. The key issue is often whether the defender has been properly served (also called cited) within the deadline.
What counts as starting the action?
Service or citation on the defender.
In many Scottish civil cases, the action is treated as commenced when the defender has been formally served with (cited to) the court proceedings. Service/citation is a formal step carried out in an approved way through court-authourised service methods so there is reliable proof of when and how the defender was notified.
For example, in a recent appeal case[1], Scottish courts treated a claim as time barred where the pursuer had sent papers to the defender by Royal Mail but had not achieved proper citation within the statutory time limit. The result was that, by the time correct service was completed, the deadline had already expired and the case could not succeed. The pursuer recently appealed to the Court of Session on these facts and Sheriff Principal Anwar held that “It is a well-established in Scots law that an action is commenced by service of proceedings.”
Where tight deadlines commonly arise (including 12-month limits)
Some areas of law have particularly short time limits, which is why getting the start date right matters greatly. Some examples include:
- In employment law, from the date the incident occurred, 3 months minus 1 day.
- Claims connected with cohabitation or aspects of succession may have a strict 12-month window.
- In personal injury, 3 years from the date of the accident.
The variance between areas of law is notable, and therefore it is important to seek advice from an experienced legal practitioner.
Why choose MJC LAW?
MJC LAW can offer a wealth of experience and knowledge. With over 44 years of experience and in depth knowledge of the legal industry, you can be assured that you are in the very best of hands. It is clear from recent caselaw that a lack of legal knowledge can amount to a claim being defeated before it officially begins.
If you think you have a claim:
- Act early and get in touch with us on 0141 737 7767 . Do not wait until the last few weeks or days. Service/citation can take time, especially if the defender is hard to locate or avoids contact.
- Get advice on the correct deadline. Different claims have different time limits, and the clock may start on different dates depending on the circumstances.
- Identify the defender accurately. Correct name and address matter for service; mistakes can cause delays.
- Keep evidence of dates. Save letters, emails, and records showing when you became aware of the issue and any important events such as separation or death, where relevant).
- Do not rely on informal notice. Telling the other person your intentions, or posting them a copy of papers, may not be enough to commence proceedings.
Conclusion
A time bar can end a claim before it properly begins. In Scotland, the critical question is often not just whether you took steps to prepare a case, but whether proceedings were formally started in the way the law requires commonly by proper service on the defender before the deadline expired. If you think you may have a claim, the safest approach is to get advice early and make sure the correct formal steps are taken in good time.
[1] SHERIFF APPEAL COURT Sheriff Principal A Y Anwar KC [2026] SAC (Civ) 23 GLW-A73-24