Failure to give notice in the form required by a contract or to otherwise follow the agreed procedure when exercising a contractual right, such as a right of termination, will usually render the notice invalid under Scots law.

Many contracts require that such notices are served in writing, meaning that an e-mail will not be sufficient for this purpose. Another common source of error is a basic failure to address the notice to the other contracting party.

In the recent Court of Session case Batt Cables PLC v Spencer Business Parks Ltd, a notice under a lease which was served on a company which was not the landlord, but which was an associated company involved in administering the lease, and which shared the same registered office as the landlord, would have been invalid but for the fact that it was served on an individual who was taken to be an agent of the landlord. Such issues are easy to avoid providing care is taken to ensure that notices are given formally and in a manner consistent with the contract’s requirements.