GABRIEL POLITAKIS AGAINST JOHN WOOD GROUP PLC [2021] ScotCS CSOH_7 (26 January 2021)

GABRIEL POLITAKIS AGAINST JOHN WOOD GROUP PLC [2021] ScotCS CSOH_7 (26 January 2021)

The pursuer's claims are irrelevant as no proper basis is averred for the defender's liability for Scott/AMEC's obligations; acquisition of shares does not transfer liabilities. The crave for declarator of nullity of the arbitration award is incompetent as it must be brought by judicial review, not ordinary action. The claims for accounting and for fraud/bad faith lack relevant and specific averments. The action is dismissed as bound to fail.

Citation
[2021] ScotCS CSOH_7
Parties
Pursuer: Gabriel Politakis; Defender: John Wood Group PLC
Jurisdiction
Scotland
Judgment Date
26 January 2021
Procedural Posture
Commercial Action (court of Session, Scotland) / Debate (motion to Dismiss)
Outcome
Action dismissed
Legal Topics
Corporate Liability for Subsidiaries, Arbitration Award Challenge, Prescription (limitation), Fraud and Bad Faith Allegations, Judicial Review, Unjustified Enrichment
Commercial Law Arbitration Law Company Law Delict (tort) Corporate Liability for Subsidiaries Arbitration Award Challenge Prescription (limitation) Fraud and Bad Faith Allegations +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Gabriel Politakis

Pursuer

John Wood Group PLC

Defender

Procedural Posture

Commercial Action (court of Session, Scotland) / Debate (motion to Dismiss)

Legal Issues

  1. 1 Whether the defender (John Wood Group PLC) is liable for alleged delictual and contractual liabilities of Scott/AMEC to the pursuer or Apollo
  2. 2 Whether the crave seeking declarator of nullity of the arbiter's Part Award is competent
  3. 3 Whether the pursuer has made relevant averments in relation to accounting and additional expense claims

Ratio Decidendi

The pursuer's claims are irrelevant as no proper basis is averred for the defender's liability for Scott/AMEC's obligations; acquisition of shares does not transfer liabilities. The crave for declarator of nullity of the arbitration award is incompetent as it must be brought by judicial review, not ordinary action. The claims for accounting and for fraud/bad faith lack relevant and specific averments. The action is dismissed as bound to fail.

Court Disposition

Action dismissed

Orders

  • Sustained defender's pleas-in-law (third, fifth, sixth)
  • Dismissed all craves of the pursuer