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How contracts work in Scotland
Scots law is a separate legal system with its own courts and its own rules on how documents are signed and delivered. Below: what we can cite from the legislation today, and what is still waiting for verification.
Are electronic signatures valid in Scotland?
Scotland has its own legislation on signing and delivering documents. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 allows a document to be executed in counterpart, with each party signing a separate copy, and allows documents to be delivered electronically.
In Scotland, a document may be executed in counterpart, and a traditional or electronic document may be delivered electronically.
Source: Legal Writings (Counterparts and Delivery) (Scotland) Act 2015Checked 7 October 2026Pending lawyer review
Pending verificationThe Requirements of Writing (Scotland) Act 1995 sets which documents must be in writing and how electronic documents are authenticated.
To check: Requirements of Writing (Scotland) Act 1995. Not yet confirmed on the official page, so not relied on here.
Which law and courts does a contract name?
Contracts commonly say they are "governed by the law of Scotland" and give the Scottish courts jurisdiction. Scots contract law differs from English law in places, so choosing 'UK law' is ambiguous.
General explanation; no statute cited.
When does a document need a deed or a witness?
Scotland has its own rules on formal and self-proving (probative) documents. We have not yet published the detail.
Pending verificationA document signed by the granter and one witness can be presumed to be validly signed (probative).
To check: Requirements of Writing (Scotland) Act 1995, section s.3. Not yet confirmed on the official page, so not relied on here.
What can't be contracted out of?
We have not yet published notes on terms that cannot be excluded in Scotland here. We only publish a rule once we have read it on the official source, and this one is still waiting for that check.
General explanation; no statute cited.
How long do you have to bring a claim?
Scotland uses prescription rather than limitation. The usual period for contract claims is widely described as five years, but we have not yet checked this against the Act.
Pending verificationMost contractual obligations prescribe after five years.
To check: Prescription and Limitation (Scotland) Act 1973, section s.6. Not yet confirmed on the official page, so not relied on here.
Can you charge interest on late payment?
Statutory interest on late business-to-business payments is UK-wide. gov.uk states the rate as 8% plus the Bank of England base rate.
Statutory interest on late payment of commercial debts is set by order under the Late Payment of Commercial Debts (Interest) Act 1998; gov.uk states the rate as 8% plus the Bank of England base rate.
Source: Late Payment of Commercial Debts (Interest) Act 1998, s.6; gov.uk guidanceChecked 7 October 2026Pending lawyer review
What a governing-law clause for Scotland looks like
This agreement is governed by the law of Scotland. The parties submit to the exclusive jurisdiction of the Scottish courts.
Draft a contract under Scotland law
Free for the other sideLex drafts it in Plain English beside the legal wording. Share one link; both sides agree and sign.
Templates for Scotland
Frequently asked questions
Can a Scottish contract be signed in counterpart?
Yes. The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 allows each party to sign a separate copy, and allows delivery electronically.
Is Scots law different from English law for contracts?
Yes, in several places, including how documents are executed and time limits for claims. A contract usually names one system rather than 'UK law'.
Does late payment interest apply in Scotland?
The Late Payment of Commercial Debts (Interest) Act 1998 applies across the UK. gov.uk states the rate as 8% plus base rate.
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