Scots Delict (Civil Wrongs)
The Scots law of delict — the doctrine governing civil wrongs, broadly analogous to English tort but with distinct concepts of culpa, damnum, and proximity.
Cyflwyniad
Delict is the Scots branch of private law that imposes liability for wrongful conduct causing damnum (loss) to another. Although the modern law has converged with English tort in many areas — particularly post-Donoghue v Stevenson [1932] AC 562 (a Scottish appeal that founded the modern law of negligence on both sides of the border) — Scots delict retains distinctive features: the requirement of culpa (fault) as a unifying basis; the concept of personal bar in place of the English estoppel; and the actio iniuriarum (a Roman-derived action for affront, dignity, and reputation) coexisting alongside actions for patrimonial loss. Negligence dominates modern practice — Caparo-style three-stage tests are followed — but Scots law also recognises specific delicts including assault, intimidation, and defamation (now reformed under the Defamation and Malicious Publication (Scotland) Act 2021).
In Brief
Scots delict is the law of civil wrongs. It shares much with English tort (and Donoghue v Stevenson — a Scottish case — founds the modern law of negligence on both sides). Key Scots-specific features: culpa as the unifying basis; the actio iniuriarum for solatium; the 5-year prescription period (not 6-year limitation); and the recent statutory reform of defamation by the 2021 Act.
Egwyddorion craidd
Culpa is the unifying basis of liability — wrongful conduct causing damnum at the claimant's hand.
Donoghue v Stevenson [1932] AC 562 — Scots appeal that established the modern law of negligence; Lord Atkin's 'neighbour principle' is the foundational dictum.
Caparo Industries v Dickman [1990] is followed in Scotland — foreseeability, proximity, and fair-just-and-reasonable.
The actio iniuriarum survives for solatium (affront) — Stevens v Yorkhill NHS Trust [2006] CSOH 143.
Defamation reformed: Defamation and Malicious Publication (Scotland) Act 2021 — single-publication rule, serious-harm threshold, and 1-year limitation.
Personal bar (Scots equivalent of estoppel) operates differently — requires waiver or representation plus reliance.
Prescription rather than limitation: 5-year short negative prescription for delict (Prescription and Limitation (Scotland) Act 1973 s.6 and s.11) — runs from the date the loss occurred or the date it could reasonably have been discovered.
Statudau allweddol
Prescription and Limitation (Scotland) Act 1973
Damages (Scotland) Act 2011
Defamation and Malicious Publication (Scotland) Act 2021
Achosion arweiniol
Donoghue v Stevenson
[1932] AC 562
Caparo Industries v Dickman
[1990] 2 AC 605
Stevens v Yorkhill NHS Trust
[2006] CSOH 143
Mitchell v Glasgow City Council
[2009] UKHL 11
Robinson v Chief Constable of West Yorkshire Police
[2018] UKSC 4
Frequently Asked Questions
Is Scots delict the same as English tort?
Broadly similar in negligence and most modern torts, but Scots delict starts from different conceptual foundations (culpa, damnum, the actio iniuriarum). Procedure differs significantly: actions are raised in the Sheriff Court or Court of Session, prescription replaces limitation, and damages are calculated under Scottish rules including Damages (Scotland) Act 2011.
What is the time limit for a Scots delict claim?
Generally 5 years from the date the loss occurred or the date it could reasonably have been discovered (Prescription and Limitation (Scotland) Act 1973 s.11). For personal injury, a 3-year triennium runs from the date of injury or discoverability (s.17). The long stop of 20 years applies to obligations generally (s.7).
What court hears a Scots delict claim?
Most cases under £100,000 are raised in the Sheriff Court — either as ordinary cause, summary cause (£3,000–£5,000), or simple procedure (under £5,000). Higher-value or complex cases go to the Court of Session (Outer House at first instance; Inner House on appeal; Supreme Court for civil appeals).
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