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...

Scots law property disputes: delict (negligence, nuisance, trespass), occupiers’ liability, defective premises, consumer rights, and time limits under the Prescription and Limitation (Scotland) Act 1973

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note examines property Disputes in Scotland arising:

in delict
under the Occupiers’ Liability (Scotland) Act 1960 (OL(S)A 1960)
under consumer rights legislation
concerning defective premises and the time limits for claims under the Prescription and Limitation (Scotland) Act 1973 (PL(S)A 1973)

It does not address statutory repair duties for agricultural or residential tenancies.

Broadly, obligations connected to property may arise:

by force of law (statutory—see further: Obligations arising by force of law: Stair Memorial Encyclopaedia [2])
from a wrongful act (delictual—see further: Obligations arising from a wrongful act: Stair Memorial Encyclopaedia [3])
voluntarily (eg unilateral and contractual undertakings—see further: Voluntary obligations: Stair Memorial Encyclopaedia [4])

Delictual obligations arising from a wrongful act

Delict governs legal wrongs. It is the counterpart of ‘Tort law’ in England; see: Differences between Scots and English law: Stair Memorial Encyclopaedia [166] and Practice Note: What is a tort? In contrast to contractual liabilities, which are fixed by the parties’ agreement, delictual liability has evolved through common law principles and case law, and in some circumstances is supplemented by legislation...

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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. ...

Web page updated on 21/05/2026

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