DNO OMAN LTD AGAINST GRANT CLOUSTON [2019] ScotCS CSIH_1 (10 January 2019)

DNO OMAN LTD AGAINST GRANT CLOUSTON [2019] ScotCS CSIH_1 (10 January 2019)

The appellate court held that the commercial judge erred in his analysis of the expert evidence and the application of UAE law. The court found that, under UAE law, the pursuers could have title to sue for tortious acts (including deception) even if not in a contractual relationship with the defender, provided the tripartite test (harmful act, damages, causal link) is met. The court determined that the commercial judge failed to consider important concessions by the defender's expert and mischaracterised the pursuers' claim as contractual rather than delictual/tortious. Accordingly, the court allowed the reclaiming motion and remitted the case for further procedure.

Citation
[2019] ScotCS CSIH_1
Parties
Pursuers and Reclaimers: DNO Oman Ltd; Defender and Respondent: Grant Clouston
Jurisdiction
Scotland
Judgment Date
10 January 2019
Procedural Posture
Reclaiming Motion (appeal) / Appellate Review of Commercial Judge's Interlocutor After Preliminary Proof on UAE Law
Outcome
Reclaiming motion allowed; interlocutor of the commercial judge recalled; case remitted for further procedure.
Legal Topics
Foreign Law Application, Title to Sue, Tortious Liability Under UAE Law, Deception and Secret Profits, Privity of Contract, Expert Evidence on Foreign Law
Private International Law Tort/delict Employment Law Commercial Law Foreign Law Application Title to Sue Tortious Liability Under UAE Law Deception and Secret Profits +2 more

Case Brief

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Parties

DNO Oman Ltd

Pursuers and Reclaimers

Grant Clouston

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appellate Review of Commercial Judge's Interlocutor After Preliminary Proof on UAE Law

Legal Issues

  1. 1 Whether the pursuers have title to sue the defender under UAE law for alleged tortious acts
  2. 2 Whether the defender owed any non-contractual duty to the pursuers under UAE law
  3. 3 Whether the defender's alleged conduct constituted a tort or actionable deception under UAE Civil Code Articles 282 and 285

Ratio Decidendi

The appellate court held that the commercial judge erred in his analysis of the expert evidence and the application of UAE law. The court found that, under UAE law, the pursuers could have title to sue for tortious acts (including deception) even if not in a contractual relationship with the defender, provided the tripartite test (harmful act, damages, causal link) is met. The court determined that the commercial judge failed to consider important concessions by the defender's expert and mischaracterised the pursuers' claim as contractual rather than delictual/tortious. Accordingly, the court allowed the reclaiming motion and remitted the case for further procedure.

Court Disposition

Reclaiming motion allowed; interlocutor of the commercial judge recalled; case remitted for further procedure.

Orders

  • Recall of the commercial judge's interlocutor granting absolvitor to the defender.
  • Remit to the commercial court for further procedure consistent with the appellate court's findings.