Jurisdiction(s):
United Kingdom

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Scottish commercial lease break notices: strict compliance on form, service and parties, agent authority, withdrawal, and legislative context—key case law and pitfalls

Published by a LexisNexis Property Disputes expert

Practice notes

Break clauses

A break clause is a provision in a lease that allows the Landlord or the Tenant to bring the lease to an early end. The Practice Note: Break options in commercial leases in Scotland examines break clauses in depth and covers:

who is entitled to exercise the break
the timing for exercising the break clause
any pre-conditions to using a break clause
the implications for sub-leases

For sample drafting, see Precedents: Break clause for commercial lease in Scotland—landlord option—style, Break clause for commercial lease in Scotland—tenant option—style, and Break clause for commercial lease in Scotland—mutual option—style. For practical guidance on exercising a break option, see: Break options—exercising break clauses in Scotland—checklist.

Break notices

Break options are operated by serving a break notice. The break clause often specifies the requirements for the notice, including its form, the date and method of service, and the correct parties to be served. These details may alternatively appear in a general service clause within the lease, or in both.

Mandatory Requirements

Any mandatory provisions relating to the notice must be observed to the letter...

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Gavin Deeprose

DLA Piper

Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial...

Alistair Drummond

DLA Piper

Alistair heads up DLA Piper's Litigation and Regulatory practice in Scotland, and specialises in all aspects of Commercial Property and Commercial Lease disputes and Contentious Construction issues. He advises on wide ranging matters including dilapidations, keep open clauses, landlord's consent, irritancy, lease interpretation, servitudes, enforcement of missives and agreements for lease, amongst others. Recognised by his peers and clients alike as having extensive and comprehensive knowledge of his area of practice, Alistair is frequently requested to lecture and present seminars and training events on the subject. ...

Web page updated on 21/05/2026

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