Jurisdiction(s):
United Kingdom

Related legal acts

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...

Nuisance in Scottish property disputes: common law principles, statutory nuisance under the EPA 1990, remedies and defences, overlap with other regimes, public places, recent cases, and comparison with English law

Published by a LexisNexis Property Disputes expert

Practice notes

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The most frequent delicts arising in property Disputes are Negligence, nuisance and trespass; see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—negligence and trespass. Nuisance describes any use of land that interferes with a neighbour’s enjoyment of their property. Situations where a nuisance remedy may apply include uses that:

generate offensive smells or odours
produce noise
cause flooding to a neighbour’s property

In Scotland, nuisance is classified as either Common law or Statutory nuisance.

Common law nuisance—invasion of interest in the use and enjoyment of private land

At common law, nuisance is broadly characterised as ‘an invasion of an interest in land’. Liability is assessed by the ‘reasonable tolerability’ test, which is context‑dependent and may vary with factors such as locality, impact, frequency, and the utility of the conduct in question; see The nature of the test for determining liability for nuisance: Stair Memorial Encyclopaedia [37].

The test of reasonable tolerability

Case law reveals differing approaches to the test applied by the courts when determining liability for nuisance, see...

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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. ...

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...

Web page updated on 27/05/2026

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