GABRIEL POLITAKIS v JOHN DESPENSER SPENCELY AND JAMES SCOTT Ltd [2016] ScotSC 27 (06 April 2016)

GABRIEL POLITAKIS v JOHN DESPENSER SPENCELY AND JAMES SCOTT Ltd [2016] ScotSC 27 (06 April 2016)

The pursuer's action is dismissed because (1) the assignation relied upon is invalid under the terms of the company voluntary arrangement and the contract, (2) the sheriff court lacks jurisdiction to review or grant declarator/damages against an arbiter for acts done in arbitration, (3) the claims are prescribed, and (4) the pleadings are irrelevant and lack specification, especially regarding allegations of bad faith or malice against the arbiter.

Citation
[2016] ScotSC 27
Parties
Pursuer: Gabriel Politakis; Defender: John Despenser Spencely; Party Minuter: James Scott Limited
Jurisdiction
Scotland
Judgment Date
06 April 2016
Procedural Posture
Civil Action (damages, Declarator) / Judgment After Debate on Preliminary Pleas
Outcome
Action dismissed; decree of absolvitor granted.
Legal Topics
Arbitrator Immunity, Jurisdiction of Sheriff Court, Assignation of Claims, Prescription of Claims, Supervisory Jurisdiction, Company Voluntary Arrangement
Civil Procedure Arbitration Contract Law Company Law Arbitrator Immunity Jurisdiction of Sheriff Court Assignation of Claims Prescription of Claims +2 more

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Parties

Gabriel Politakis

Pursuer

John Despenser Spencely

Defender

James Scott Limited

Party Minuter

Procedural Posture

Civil Action (damages, Declarator) / Judgment After Debate on Preliminary Pleas

Legal Issues

  1. 1 Does the pursuer have title and interest to sue as assignee of Apollo Engineering Limited?
  2. 2 Is the assignation of the claim valid under the company voluntary arrangement and the contract?
  3. 3 Does the sheriff court have jurisdiction to review or grant declarator/damages against an arbiter for acts done in arbitration?

Ratio Decidendi

The pursuer's action is dismissed because (1) the assignation relied upon is invalid under the terms of the company voluntary arrangement and the contract, (2) the sheriff court lacks jurisdiction to review or grant declarator/damages against an arbiter for acts done in arbitration, (3) the claims are prescribed, and (4) the pleadings are irrelevant and lack specification, especially regarding allegations of bad faith or malice against the arbiter.

Court Disposition

Action dismissed; decree of absolvitor granted.

Orders

  • Sustains the first, second, third, fifth and seventh pleas-in-law for the defender and the first, second, third and fourth pleas-in-law for the party minuter.
  • Repels the fourth plea-in-law for the defender as unnecessary.